# ARSD 74:36 RULE EFFECTIVE OCTOBER 13, 2015ARTICLE 74:36

AIR POLLUTION CONTROL PROGRAM

Chapter 74:36:01 Definitions. 74:36:02 Ambient air quality. 74:36:03 Air quality episodes. 74:36:04 Operating permits for minor sources. 74:36:05 Operating permits for Part 70 sources. 74:36:06 Regulated air pollutant emissions. 74:36:07 New source performance standards. 74:36:08 National emission standards for hazardous air pollutants. 74:36:09 Prevention of significant deterioration. 74:36:10 New source review. 74:36:11 Performance testing. 74:36:12 Control of visible emissions. 74:36:13 Continuous emission monitoring systems. 74:36:14 Variances, Repealed. 74:36:15 Open burning, Transferred or Repealed. 74:36:16 Acid rain program. 74:36:17 Rapid City street sanding and deicing. 74:36:18 Regulations for state facilities in the Rapid City area. 74:36:19 Mercury budget trading program, Repealed. 74:36:20 Construction permits for new sources or modifications. 74:36:21 Regional haze program.

CHAPTER 74:36:01

DEFINITIONS

Section 74:36:01:01 Definitions. 74:36:01:02 Repealed. 74:36:01:03 Administrative permit amendment defined. 74:36:01:04 Affected states defined. 74:36:01:05 Applicable requirements of the Clean Air Act defined. 74:36:01:06 Complete application defined. 74:36:01:07 Repealed. 74:36:01:08 Major source defined. 74:36:01:09 Categories of sources defined. 74:36:01:10 Modification defined. 74:36:01:01.01 Insignificant increase in allowable emissions. 74:36:01:11 National ambient air quality standard (NAAQS). 74:36:01:12 Potential to emit defined. 74:36:01:13 Process weight rate defined.74:36:01:14 Repealed. 74:36:01:15 Regulated air pollutant defined. 74:36:01:16 Responsible official defined. 74:36:01:17 Repealed. 74:36:01:18 Municipal solid waste landfill defined. 74:36:01:19 Existing municipal solid waste landfill defined. 74:36:01:20 Physical change in or cha nge in the method of operation defined. 74:36:01:21 Commenced construction defined.

74:36:01:01. Definitions. Unless otherwise specified, the terms used in this article mean: (1) "Act," chapter 34A-1 of the South Dakota Codified Laws; (2) "Acid rain permit," a legally binding written document or portion of a document that is issued by the department and specifies the acid rain program requirements applicable to an affected source and to the owners and operators and the designated representative of the affected source; (3) "Acid rain program," the national su lfur dioxide and nitrogen oxides air pollution control and emissions reduction program establishe d in accordance with Title IV of the Clean Air Act; (4) "Administrator," the administrator of the Environmental Protection Agency or the secretary or their authorized representatives; (5) "Affected source," a source that includes one or more affected units under Title IV of the Clean Air Act; (6) "Affected unit," a unit that is subject to any of the emission reduction requirements or emission limits pursuant to Title IV of the Clean Air Act or chapter 74:36:16; (7) "Air pollutant," one or a combinati on of the regulated air pollutants listed in § 74:36:01:15; (8) "Allowable emissions," the emission rate calculated using the maximum rated capacity of a source unless the source is subject to federally enforceable limits which restrict operating rate, hours of operation, or both, and the most stringent of the following: (a) The applicable new source performance standards in chapter 74:36:07; (b) The applicable national emission standards in chapter 74:36:08; (c) Any applicable emission limitations speci fied in this article, including those with a future compliance date; (d) The emission rate specified as a permit condition; or (e) The applicable standards in 40 C.F.R. Part 60, 61, or 63 (July 1, 2014); (9) "Ambient air," that portion of the atmosphe re external to buildings to which the general public has access;(10) "ASTM," the American Society for Testing and Materials; (11) "Board," the Board of Minerals and Environment; (12) "Btu," British thermal unit; (13) "CO," carbon monoxide; (14) "Chairman," chairman of the board; (15) "Clean Air Act," the Clean Air Ac t, 42 U.S.C. 7401 et seq., as amended through January 1, 2010; (16) "Clean Air Act Amendments," the amendm ents to the Clean Air Act enacted in Pub. L. No. 101-549, November 15, 1990; (17) "Control equipment," a device which prevents or reduces emissions; (18) "Criteria pollutant," selected and sp ecified pollutants for which limiting ambient air quality standards have been set, including sulf ur dioxides, particulate matter, carbon monoxide, ozone, nitrogen oxides, and lead; (19) "Department," the South Dakota Department of Environment and Natural Resources; (20) "Designated representative," the responsib le person or official authorized by the owner or operator of an affected unit, in accordance with the Clean Air Act, to represent the owner or operator in matters pertaining to the holding, transfer , or disposition of allowances allocated to the unit and the submission of and compliance with permits, permit applications, and compliance plans for the unit; (21) "Draft permit," the version of a pe rmit for which the department offers public participation or affected state review; (22) "Emissions allowable under the permit," a federally enforceable permit term or condition determined at issuance to be required by an applicable requirement that establishes an emissions limit, including work practice standards, or a federally enforceable emissions cap that the source has assumed to avoid an applicable requi rement to which the source would otherwise be subject; (23) "Emission standard," the maximum am ount of a pollutant legally permitted to be discharged from a single unit; (24) "Emission unit," "Unit," any part or activ ity of a stationary source which emits or has the potential to emit a regulated air pollutant or any pollutant listed under section 112(b) of the Clean Air Act; (25) "EPA," the Environmental Protection Agency;(26) "Equivalent method," any method of samp ling and analysis for an air pollutant which has a consistent and quantitatively known relati onship to the reference method under specified conditions; (27) "Existing source," a source that has an approved state-issued permit; (28) "Facility," a building, structure, or installation of pollutant-emitting activities which belong to the same industrial grouping, located on one or more contiguous or adjacent properties and under the control of the same person or of persons under common control, except the activities of a water-borne vessel. Pollutant-emitting activitie s are part of the same industrial grouping if they belong to the same major group, i.e., have the same two-digit code, as described in the Standard Industrial Classification Manual, 1987; (29) "Federally enforceable," all limits and conditions that are enforceable by the administrator of EPA pursuant to federal la w. These limits and conditions include those requirements developed pursuant to this article, those appearing in 40 C.F.R. §§ 60 and 61 (July 1, 2014), requirements within the state implementation plan, and permit requirements established pursuant to this article or 40 C.F.R. § 51 Subpart I (July 1, 2014). The use of this term does not impede the department's authority under state law to enforce these limits and conditions; (30) "Final permit" the version of an operating permit issued by the permitting authority for a source that has completed all required review procedures; (31) "Fuel-burning unit," a furnace, boiler, apparatus, stack, or any of their components used in the process of burning fuel or other co mbustible material for the primary purposes of producing heat or power by indirect heat transfer; (32) "Fugitive emissions," those air pollu tants which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening; (33) "General permit," a permit issued by the board in accordance with SDCL 34A-1-56 that may be made applicable to numerous similar sources; (34) "Heat input," the aggregate heat conten t of all fuels whose products of combustion pass through a stack or stacks, using th e heat input value of the equipment manufacturer's or designer's guaranteed maximum input, whichever is greater; (35) "Incinerator," a furnace used to burn solid waste to reduce the volume of the waste by removing its combustible material; (36) "Malfunction," any sudden and unavoidabl e failure of air pollution control equipment or process equipment or of a process to operate in a normal or usual manner, but not a failure caused entirely or in part by poor maintenan ce, careless operation, preventable equipment breakdown, or any other cause within the contro l of the owner or operator of the source; (37) "Minor source," a source whose potential emissions of a criteria pollutant are less than 100 tons a year and which does not meet the definition of a Part 70 source; (38) "New source," a source that has not been constructed and does not possess a permit;(39) "Nonattainment area," an area that does not meet or that contributes to ambient air quality in a nearby area that does not meet the na tional primary or secondary ambient air quality standard for the pollutant; (40) "NSR," new source review; (41) "Opacity," the degree to which emissions reduce the transmission of light and obscure the view of an object in the background; (42) "Open burning," the burning of any ma tter in such a manner that the products of combustion resulting from the burning are emitted directly into the ambient air without passage through a stack, duct, or chimney; (43) "Operating permit," a written authorizati on issued by the board or the secretary for the operation of a source; (44) "Owner or operator," any person who owns , leases, operates, controls, or supervises a source; (45) Repealed; (46) "Part 70 operating permit," any permit or group of permits covering a Part 70 source that is issued, renewed, amended, or revised; (47) "Part 70 source," any source subject to § 74:36:05:03; (48) "Particulate matter," a broad class of ch emically and physically diverse substances that exist as discrete particles, liquid droplets, or solids over a wide range of sizes; (49) "Permit modification," a change to a source which operates under a minor source operating permit or Part 70 operating permit that meets the requirements of § 74:36:01:10; (50) "Permit revision," a revision to a mi nor source operating permit or Part 70 operating permit to incorporate a permit modification, ad ministrative permit amendment, insignificant increase in allowable emissions, or minor permit amendment; (51) "Person," an individual, corporation, pa rtnership, firm, association, trust, estate, public or private institution, group, agency, political subdivi sion or state agency or any legal successor, representative, agent, or agency of the foregoing; (52) "PM10," particulate matter with an aerodynamic diameter less than or equal to a nominal ten micrometers as measured by an applicable reference or equivalent method; (53) "Proposed Part 70 operating permit," a permit that the department has forwarded to EPA for review after the closure of the public notice period and after considering any public comments, including those from affected states; (54) "PSD," prevention of significant deterioration;(55) Repealed; (56) "Salvage operation," an operation conducte d in whole or in part for the reclaiming of product or material; (57) "Secretary," the secretary of the Sout h Dakota Department of Environment and Natural Resources or an authorized representative; (58) "Shutdown," the cessation of operation of any control equipment, process equipment, or process for any purposes; (59) "Smoke," small gas-borne particles resulting from incomplete combustion, consisting predominantly, but not exclusively, of carbon, ash, and other combustible material, that form a visible plume in the air; (60) "Source," a facility that emits or may emit any air pollutant regulated under the Clean Air Act; (61) "Start-up," the setting into operation of any control equipment, process equipment, or process for any purpose; (62) "Title I," Title I of the Clean Air Act Amendments, provisions for attainment and maintenance of national ambient air quality standards; (63) "Title IV," Title IV of the Clean Air Act Amendments, acid deposition control; (64) "Title V," Title V of the Clean Air Act Amendments, permits; (65) "Title VI," Title VI of the Clean Air Act Amendments, stratospheric ozone protection; (66) Repealed; (67) "VOC," "volatile organic compounds," as defined in 40 C.F.R. § 51.100(s) (July 1, 2014); (68) "Wire reclamation furnace," a furnace that uses either direct or indirect heat transfer to salvage nonferrous metals through the thermal destruction of solid waste materials; (69) "PM2.5," particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers as measured by an applicable reference or equivalent method; (70) "SO2," sulfur dioxide; (71) "NO2," nitrogen dioxide; (72) "Construction permit," a written authoriza tion issued by the board or the secretary for the construction and operation of a new source or modification to an existing source; and(73) "Subject to regulation," subject to re gulation means, for any air pollutant, that the pollutant is subject to either a provision in the Clean Air Act, or a nationally-applicable regulation codified by the Administrator in subchapter C of this chapter, that requires actual control of the quantity of emissions of that pollutant, and that su ch a control requirement has taken effect and is operative to control, limit or restrict the quantity of emissions of that pollutant released from the regulated activity. Greenhouse gases are not subj ect to regulation unless a PSD preconstruction permit is issued regulating greenhouse gases in accordance with chapter 74:36:09.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:01, 7 SDR 4, effective July 27, 1980; tran sferred from § 44:10:01:01, effective July 1, 1981; 8 SDR 71, effective December 21, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, e ffective May 13, 1991; transferred from § 74:26:01:01, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 25 SD R 123, effective April 4, 1999; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effectiv e January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 37 SDR 182, effective April 20, 2011; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.

Reference: Standard Industrial Classificati on Manual, 1987, Executive Office of the President, Office of Management and Budget. C opies may be obtained from National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161, order no. PB 87-100012. Cost: $31.

74:36:01:02. Actual emissions defined. Repealed.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:01, 7 SDR 4, effective July 27, 1980; tran sferred from § 44:10:01:01, effective July 1, 1981; 8 SDR 71, effective December 21, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, e ffective May 13, 1991; transferred from § 74:26:01:01, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; repealed, 31 SDR 101, effective January 2, 2005. 74:36:01:03. Administrative permit amendment defined. An administrative permit amendment is an amendment to an existing permit and is issued by the secretary. The secretary may issue an administrative permit amendment if it accomplishes one of the following: (1) Corrects typographical errors; (2) Changes the name, address, or phone num ber of any person identified in the permit or provides a similar minor administrative change at the source; (3) Requires more frequent monitoring or reporting by the permittee; (4) Allows for a change in ownership or ope rational control of a source if the department determines that no other change in the permit is necessary and a written agreement containing aspecific date for transfer of permit responsibilit y, coverage, and liability between the current and new permittee has been submitted to the department. If the change in ownership or operational control changes the designated representative for an acid rain permit, the change is considered a permit modification and the procedures outlined in § 74:36:05:39 apply; or (5) Any other change that the Administrator of the EPA and the secretary determines to be similar to the requirements in subdivisions (1) to (4), inclusive, of this section.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.

74:36:01:04. Affected states defined. Affected states are all states whose air quality may be affected by and that are contiguous to th e state in which an operating permit, permit modification, or permit renewal for a Part 70 source is being proposed or that are within 50 miles of the permitted source.

Source: 19 SDR 157, effective April 22, 1993. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6. 74:36:01:05. Applicable requirements of the Clean Air Act defined. Applicable requirements of the Clean Air Act include all of th e following as they apply to emissions units in a Part 70 source, unless the context of the Clean Air Act requires otherwise: (1) Any standard or other requirement provi ded for in the applicable implementation plan approved or promulgated by EPA through rulemaki ng under Title I of the Clean Air Act that implements the relevant requirements of the Clean Air Act, including any revisions to that plan promulgated in Part 52 of 40 C.F.R. (July 1, 2014); (2) Any term or condition of any preconstruction permits issued pursuant to regulations approved through rulemaking under Title I, including Parts C or D, of the Clean Air Act; (3) Any standard or other requirement under § 111 of the Clean Air Act, including § 111(d); (4) Any standard or other requirement under § 112 of the Clean Air Act, including any requirement concerning accident prevention under § 112(r)(7) of the Clean Air Act; (5) Any standard or other requirement of th e acid rain program under Title IV of the Clean Air Act or the regulations promulgated under it; (6) Any monitoring, reporting, and certifica tion requirements established pursuant to § 504(b) or 114(a)(3) of the Clean Air Act; (7) Any standard or other requirement governing solid waste incineration, under § 129 of the Clean Air Act;(8) Any standard or other requirement for consumer and commercial products, under § 183(e) of the Clean Air Act; (9) Any standard or other requirement for tank vessels, under § 183(f) of the Clean Air Act; (10) Any standard or other requirement of the program to control air pollution from outer continental shelf sources, under § 328 of the Clean Air Act; (11) Any standard or other requirement of the regulations promulgated to protect stratospheric ozone under Title VI of the Clean Ai r Act, unless the administrator of the EPA has determined that such requirements need not be contained in a Part 70 operating permit; and (12) Any national ambient air quality standard or increment or visibility requirement under Part C of Title I of the Clean Air Act, but onl y as it would apply to temporary sources permitted pursuant to § 504(e) of the Clean Air Act.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 31 SDR 101, eff ective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6. 74:36:01:06. Complete application defined. A complete application is one that the department has determined to contain all the information needed to begin to process the application. A determination that an application is complete continues in effect if the source submits by the date or dates specified by the de partment any additional information reasonably determined by the department to be necessary for developing and issuing the permit and requested in writing.

Source: 19 SDR 157, effective April 22, 1993. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6. 74:36:01:07. Major modification defined. Repealed.

Source: 8 SDR 71, effective December 21, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; tr ansferred from § 74:26:01:02.01, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; repealed, 31 SDR 101, effective January 2, 2005. 74:36:01:08. Major source defined. A major source is any sour ce or any group of sources that is located on one or more contiguous or adj acent properties, that is under control of the same person or of persons under common control, that belongs to a single major industrial grouping, and that is any of the following: (1) A major source under § 112 of the Clean Ai r Act defined as a source or group of sources located within a contiguous area and under common c ontrol that emits or has the potential to emit, considering controls, in the aggregate, 10 tons per year (tpy) or more of any hazardous airpollutant which has been listed pursuant to § 112(b) of the Clean Air Act, 25 tpy or more of any combination of such hazardous air pollutants, or a lesser quantity established by rule by the administrator of the EPA. Emissions from any o il exploration or production well and its associated equipment and emissions from any pipeline comp ressor or pump station may not be aggregated with emissions from other similar units, whether or not such units are in a contiguous area or under common control, to determine whether such units or stations are major sources; or (2) A major source of air pollutants, as define d in § 302 of the Clean Air Act, that directly emits or has the potential to emit 100 tpy or more of any air pollutant subject to regulation as required by EPA, including any major source of f ugitive emissions of any such pollutant, as determined by rule by the administrator of the EPA; or (3) A major source as defined in Part D of Title I of the Clean Air Act, including; (a) For ozone nonattainment areas, sources with the potential to emit 100 tons or more per year of volatile organic com pounds or oxides of nitrogen in areas classified as "marginal" or "moderate, "50 tons or more per year in areas classi fied as "serious," 25 tons or more per year in areas classified as "severe," and 10 tons or more per year in areas classified as "extreme." The references in this subdivision to 100, 50, 25, and 10 tons per year of nitrogen oxides do not apply to any source for which the administrator of th e EPA has made a finding, under § 182(f)(1) or (2) of the Clean Air Act, that the requirements of § 182(f) of the Clean Air Act do not apply; (b) For ozone transport regions establis hed pursuant to § 184 of the Clean Air Act, sources with the potential to emit 50 tons or more per year of volatile organic compounds; (c) For carbon monoxide nonattainment areas that are classified as "serious" and in which sources contribute significantly to carbon monoxi de levels as determined under rules issued by the administrator of the EPA, sources with th e potential to emit 50 tons or more per year of carbon monoxide; and (d) For particulate matter (PM10) nonattainme nt areas classified as "serious," sources with the potential to emit 70 tons or more per year of PM10. A source or group of sources is considered as part of a single industria l grouping if all of the pollutant-emitting activities of the source or group of sources belong to the same major group (i.e. which have the same two-digit code) as described in the Standard Industrial Classification Manual, 1987.

Source: List of stationary sources transfe rred from § 74:26:01:03, 17 SDR 170, effective May 13, 1991; transferred from §§ 74:26: 01:06.05 and 74:26:01:06.07, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 37 SDR 182, effective April 20, 2011. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.

Cross-Reference: Classification defined, Title I of the Clean Air Act.

Reference: Standard Industrial Classification Manual, 1987, Executive Office of the President, Office of Management and Budget. C opies may be obtained from National TechnicalInformation Service, 5285 Port Royal Road, Springfield, Virginia 22161, order no. PB 87-100012. Cost: $31. 74:36:01:09. Categories of sources defined. The fugitive emissions of a source shall not be included in determining whether it is a majo r source for any of the purposes of § 74:36:01:08 unless the source belongs to one of the following categories of sources: (1) Coal cleaning plants with thermal dryers; (2) Kraft pulp mills; (3) Portland cement plants; (4) Primary zinc smelters; (5) Iron and steel mills; (6) Primary aluminum ore reduction plants; (7) Primary copper smelters; (8) Municipal incinerators capable of charging more than 250 tons of refuse per day; (9) Hydrofluoric, sulfuric, or nitric acid plants; (10) Petroleum refineries; (11) Lime plants; (12) Phosphate rock processing plants; (13) Coke oven batteries; (14) Sulfur recovery plants; (15) Carbon black plants (furnace process); (16) Primary lead smelters; (17) Fuel conversion plants; (18) Sintering plants; (19) Secondary metal production plants; (20) Chemical process plants; (21) Fossil fuel-fired boilers totaling mo re than 250 million British thermal units per hour heat input; (22) Petroleum storage and transfer un its with a total storage capacity exceeding 300,000 barrels; (23) Taconite ore processing plants; (24) Glass fiber processing plants; (25) Charcoal production plants; (26) Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input; and (27) Any other source category, which as of August 7, 1980, is regulated under § 111 or 112 of the Clean Air Act but only for those air polluta nts that have been regulated for that category.

Source: Transferred from § 74:26:01:03, 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:06.07, 19 SDR 157, effective Apr il 22, 1993; 31 SDR 101, effective January 2, 2005. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.

74:36:01:10. Modification defined. Modification is a physical ch ange in or change in the method of operation of a source that results in at least one of the following:(1) An increase in the amount of an air pollu tant emitted by that source or in the emission of an air pollutant not previously emitted, except for an insignificant increase in allowable emissions as specified in § 74:36:01:10.01; (2) A significant change to existing monitoring, reporting, or record keeping requirements in the permit; (3) The change requires or changes a case-by-case determination of an emission limit or other standard, a source-specific determination fo r temporary sources of ambient impacts, or a visibility or increment analysis; or (4) The change seeks to establish or change a permit term or condition for which there is a corresponding underlying applicable requirement that the source has assumed to avoid an applicable requirement, a federally enforceable em issions cap assumed to avoid classification as a modification under any provision of Title I, or an alternative emissions limit approved pursuant to regulations promulgated under § 112(i)(5) of the Clean Air Act.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:01(18), 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:02, effective July 1, 1981; 8 SDR 71, effective December 21, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transfe rred from § 74:26:01:02, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 31 SDR 101, effective January 2, 2005; 36 SDR 207, e ffective June 28, 2010; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6. 74:36:01:10.01. Insignificant increase in allowable emissions. An insignificant increase in allowable emissions is a physical change or cha nge in the method of operation that results in air emissions less than the following amounts and th e change does not trigger § 74:36:01:10(3) and (4): (1) 10 tons per year of particulate matter; (2) 5 tons per year of PM10; (3) 3 tons per year of PM2.5; (4) 10 tons per year of sulfur dioxide; (5) 10 tons per year of nitrogen oxides; (6) 10 tons per year of carbon monoxide; (7) 5 tons per year of volatile organic compounds; (8) 0.1 tons per year of lead; (9) 1 ton per year of fluorides;(10) 2 tons per year of sulfuric acid mist; (11) 2 tons per year of hydrogen sulfide; (12) 2 tons per year of total reduced sulfur; (13) 2 tons per year reduced sulfur compounds; (14) 2 tons per year of municipal waste combustor emissions; and (15) 10 tons per year of municipal solid waste landfill emissions (measured as nonmethane organic compounds).

Source: 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.

74:36:01:11. National ambient air quality standard (NAAQS). The national primary ambient air quality standards define levels of ai r quality that are necessary, with a margin of safety, to protect the public health. The nationa l secondary ambient air quality standards define levels of air quality that are necessary to protect the public welfare from any known or anticipated adverse effects of a pollutant. These standards are located in chapter 74:36:02.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:01, 7 SDR 4, effective July 27, 1980; tran sferred from § 44:10:01:01, effective July 1, 1981; 8 SDR 71, effective December 21, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, e ffective May 13, 1991; transferred from § 74:26:01:01, 19 SDR 157, effective April 22, 1993. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.

74:36:01:12. Potential to emit defined. The potential to emit for sources shall be based on the maximum rated capacity of a source to emit a pollutant under its physical or operational design. Any physical or operational limitation on th e capacity of a source to emit a pollutant, including air pollution control equipment and restri ctions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation is federally enforceable. Secondary em issions are not included when determining the potential to emit.

Source: 7 SDR 4, effective July 27, 1980; transfe rred from § 44:10:01:03, effective July 1, 1981; 10 SDR 68, effective Janua ry 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; list of stationary sources transferred to § 74:26:01:06.07, 17 SDR 170, e ffective May 13, 1991; transferred from § 74:26:01:03, 19 SDR 157, effective April 22, 1993. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.74:36:01:13. Process weight rate defined. Process weight per hour is the total weight of all raw materials and other materials introduced into any specific process that may cause an emission of a regulated pollutant. Solid fuels charge d are considered as part of the process weight, but liquid and gaseous fuels and combustion air are not. The process weight rate for continuous or long-run steady-state operations is the total process weight for the entire period of continuous operation or for a typi cal portion divided by the number of hours of the period or portion. The process weight rate for cyclical or ba tch operation is the total process weight for a period that covers a complete operation or an in tegral number of cycles divided by the hours of actual process operation during such a period. If the nature of a process or operation or the design of equipment permits more than one interpretation of data, the interpretation that resu lts in the minimum value for allowable emissions applies.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:01(29), 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:04, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:26:01:04, 19 SDR 157, effective April 22, 1993. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.

74:36:01:14. Reconstruction of sources defined. Repealed

Source: 7 SDR 4, effective July 27, 1980; transfe rred from § 44:10:01:05, effective July 1, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred fr om § 74:26:01:05, 19 SDR 157, effective April 22, 1993; repealed, 31 SDR 101, effective January 2, 2005. 74:36:01:15. Regulated air pollutant defined. A regulated air pollutant is one of the following: (1) Nitrogen oxides or any volatile organic compounds; (2) Nitrogen dioxide, PM10, sulfur dioxide, carbon monoxide, lead, ozone, or any pollutant for which a national ambient air quality standard has been promulgated in the Clean Air Act; (3) Any pollutant that is addressed by any standard promulgated under § 111 of the Clean Air Act; (4) Any Class I or II substance subject to a standard promulgated under or established by Title VI of the Clean Air Act; (5) Any pollutant subject to a standard promulgated under § 112 of the Clean Air Act or other requirements established under §§ 112(g), (j), and (r) of the Clean Air Act, including the following:(a) Any pollutant subject to a standard promulgated under § 112(j) of the Clean Air Act. If the administrator of the EPA fails to promulgate a standard by the date established in § 112(e) of the Clean Air Act, any pollutant for which a subject source would be major shall be considered to be regulated on that date; and (b) Any pollutant for which the requireme nts of § 112(g)(2) of the Clean Air Act have been met, but only for the individual source subject to § 112(g)(2) requirement; or (6) Any of the six greenhouse gases designa ted by EPA as regulated air pollutants: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons , perfluorocarbons, and sulfur hexafluoride.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 37 SDR 182, effective April 20, 2011. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6. 74:36:01:16. Responsible official defined. A responsible official is defined as one of the following: (1) For a corporation, a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit, and either: (a) The facility employs more than 250 pers ons or has gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or (b) The delegation of authority to such a representative is approved in advance by the department; (2) For a partnership or sole proprietorship, a general partner or the proprietor, respectively; (3) For a municipal, state, federal, or other public agency, either a principal executive officer or ranking elected offici al. For the purposes of this subdivision, a principal executive officer of a federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency; or (4) For affected sources: (a) The designated representative insofar as actions, standards, requirements, or prohibitions under Title IV of the Clean Air Ac t or the regulations promulgated under it are concerned; or (b) The designated representative for any other purposes under chapter 74:36:05.

Source: 19 SDR 157, effective April 22, 1993; 31 SDR 101, effective January 2, 2005. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6. 74:36:01:17. Significant defined. Repealed.Source: 8 SDR 71, effective December 21, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; tr ansferred from § 74:26:01:06.04, 19 SDR 157, effective April 22, 1993; 25 SDR 123, effective April 4, 1999; repealed, 31 SDR 101, effective January 2, 2005. 74:36:01:18. Municipal solid waste landfill defined. Municipal solid waste landfill means the entire disposal facility in a contiguous geogr aphical space where household waste, commercial solid waste, nonhazardous sludge, conditionally ex empt small-quantity generator waste, or industrial solid waste is placed in or on land. Por tions of the municipal solid waste landfill may be separated by access roads. A municipal solid wast e landfill may be publicly or privately owned, a new landfill, an existing landfill, or a lateral expansion.

Source: 23 SDR 106, effective December 29, 1996. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-18. 74:36:01:19. Existing municipal solid waste landfill defined. An existing municipal solid waste landfill is a municipal solid waste landfill that commenced construction, reconstruction, or modification before May 30, 1991. An existing muni cipal solid waste landfill may be active or closed. Physical or operational changes made to an existing municipal solid waste landfill solely to comply with applicable emission limits are not considered a modification or reconstruction.

Source: 23 SDR 106, effective December 29, 1996. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-18. 74:36:01:20. Physical change in or change in the method of operation defined. A physical change in or change in the method of operation does not include the following: (1) Routine maintenance, repair, and replacement; (2) Use of an alternative fuel or raw materi al because of an order under §§ 2(a) and (b) of the Energy Supply and Environmental Coordinati on Act of 1974, as amended and in effect on January 1, 1993, or because of a natural gas curtailm ent plan pursuant to the Federal Power Act as in effect on January 1, 1993; (3) Use of an alternative fuel because of an order or rule under § 125 of the Clean Air Act; (4) Use at a steam generating unit of an alte rnative fuel that is generated from municipal solid waste; (5) An increase in the hours of operation or in the production rate, unless the change is prohibited under a federally enforceable permit c ondition which was established after January 6, 1975, pursuant to 40 C.F.R. § 52.21 (July 1, 2014), or under regulations approved pursuant to 40 C.F.R. Part 51, Subpart I, or 40 C.F.R. § 51.166 (July 1, 2014); (6) Any change of ownership at a source;(7) The use of an alternative fuel or raw material by a source which the source was capable of accommodating before January 6, 1975, unless th e change is prohibited under a federally enforceable permit condition which was establis hed after January 6, 1975, pursuant to 40 C.F.R. § 52.21 (July 1, 2014), or under regula tions approved pursuant to 40 C.F.R. Part 51, Subpart I, or 40 C.F.R. § 51.166 (July 1, 2014); and (8) The use of an alternative fuel or raw material which the source is approved to use under a permit issued under 40 C.F.R. § 52.21 (July 1, 2014) or under regulations approved pursuant to 40 C.F.R. § 51.165 (July 1, 2014).

Source: 25 SDR 123, effective April 4, 1999; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, e ffective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.

74:36:01:21. Commenced construction defined. Commenced construction means the owner or operator has all necessary construction approvals or permits and has: (1) Begun, or caused to begin, a continuous pr ogram of actual on-site construction of the new source or modification to the existing source; or (2) Entered into a binding agreement or cont ractual obligation, which cannot be cancelled or modified without substantial loss to the owner or operator, to undertake a program of actual construction of the source.

Source: 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.

CHAPTER 74:36:02 AMBIENT AIR QUALITY

Section 74:36:02:01 Air quality goals. 74:36:02:02 Ambient air quality standards. 74:36:02:03 Methods of sampling and analysis. 74:36:02:04 Air quality monitoring network. 74:36:02:05 Ambient air monitoring requirements.

74:36:02:01. Air quality goals. The air quality goals are as follows: (1) Protection of the public health; (2) Prevention of damage to buildings, prope rty, animals, plants, forests, and agricultural crops; (3) Optimization of visibility; and(4) Minimization of the corrosion of or damage to metals or other materials.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:02:01, 7 SDR 4, effective July 27, 1980; tran sferred from § 44:10:02:01, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:26:02:01, 19 SDR 157, effective April 22, 1993. General Authority: SDCL 34A-1-6, 34A-1-15. Law Implemented: SDCL 34A-1-15. 74:36:02:02. Ambient air quality standards. The ambient air quality standards listed in 40 C.F.R. §§ 50.1 to 50.5, inclusive, (July 1, 2014) ; 40 C.F.R. § 50.6 (July 1, 2014); 40 C.F.R. § 50.7(a)(1), (b), and (c) (July 1, 2014); 40 C.F.R. § 50.8 and 40 C.F.R. §§ 50.10 to 50.12, inclusive, (July 1, 2014), define the types and leve ls of air pollution above which the ambient air would limit the attainment of the goals specified in § 74:36:02:01. These standards apply to the entire state of South Dakota, and no person may cause these standards to be exceeded. The standards include normal background levels of air pollutants.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:02:02, 7 SDR 4, effective July 27, 1980; tran sferred from § 44:10:02:02, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:02:02, 19 SDR 157, e ffective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6, 34A-1-15. Law Implemented: SDCL 34A-1-15. 74:36:02:03. Methods of sampling and analysis. Air pollutants of particulate matter, sulfur dioxide, carbon monoxide, ozone, nitrogen di oxide, and lead listed in 40 C.F.R. Part 50 (July 1, 2014) shall be measured by the reference method or methods stated in 40 C.F.R. Part 50, Appendix A to Appendix N, inclusive, (July 1, 2014) or an equivalent method designated in accordance with 40 C.F.R. Part 53 (July 1, 2014).

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:02:11, 7 SDR 4, effective July 27, 1980; tran sferred from § 44:10:02:09, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:26:02:09, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effectiv e January 5, 1995; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effectiv e June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6, 34A-1-15. Law Implemented: SDCL 34A-1-15. 74:36:02:04. Air quality monitoring network. The department shall outline ambient air monitoring goals, changes, and network design in the air quality monitoring network. The department shall revise the air quality monito ring network as required by 40 C.F.R. § 58.20 (July 1, 2014).Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 26 SDR 168, e ffective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6, 34A-1-15. Law Implemented: SDCL 34A-1-15. 74:36:02:05. Ambient air monitoring requirements. The operation of ambient air monitoring required by the department shall be c onsistent with 40 C.F.R. Part 58 (July 1, 2014). Records of monitoring activities and results shall be retained for a minimum of three years.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 26 SDR 168, e ffective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6, 34A-1-15. Law Implemented: SDCL 34A-1-15.

CHAPTER 74:36:03 AIR QUALITY EPISODES

Section 74:36:03:01 Air pollution emergency episode. 74:36:03:02 Episode emergency contingency plan.

74:36:03:01. Air pollution emergency episode. The proclamation of an air pollution emergency episode and its extent shall be made by the secretary, using the criteria in 40 C.F.R. § 51.151 and Appendix L to Part 51 (July 1, 2014), if the accumulation of air pollutants in any place is attaining or has attained levels which coul d, if such levels are sustained or exceeded, lead to a substantial threat to the health of the public.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:02:22, 7 SDR 4, effective July 27, 1980; tran sferred from § 44:10:02:17, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective Ju ly 1, 1987; transferred from § 74:26:02:17, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6, 34A-1-15. Law Implemented: SDCL 34A-1-15. 74:36:03:02. Episode emergency contingency plan. The department shall develop an episode emergency contingency plan and maintain it following the requirements in 40 C.F.R. § 51.152 (July 1, 2014). The department shall reevaluate the contingency plan in accordance with the requirements in 40 C.F.R. § 51.153 (July 1, 2014).Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6, 34A-1-15. Law Implemented: SDCL 34A-1-15.

CHAPTER 74:36:04

OPERATING PERMITS FOR MINOR SOURCES

Section 74:36:04:01 Applicability. 74:36:04:02 Minor source operating permit required. 74:36:04:02.01 Minor source operating permit exemption. 74:36:04:03 Emission unit exemptions. 74:36:04:03.01 Repealed. 74:36:04:04 Standard for issuance o a minor source operating permit. 74:36:04:05 Time period for operating permits and renewals. 74:36:04:06 Timely and complete application for operating permit required. 74:36:04:07 Required contents of complete application for operating permit. 74:36:04:08 Applicant required to supplement or correct application. 74:36:04:09 Permit application -- Completeness review. 74:36:04:10 Time period for department's recommendation. 74:36:04:11 Repealed. 74:36:04:12 Public participation in permitting process. 74:36:04:12.01 Public review of department's draft permit. 74:36:04:13 Final permit decision -- Notice to interested persons. 74:36:04:14 Right to petition for contested case hearing. 74:36:04:15 Contents of operating permit. 74:36:04:16 Operating permit expiration. 74:36:04:17 Renewal of operating permit. 74:36:04:18 Operating permit revision. 74:36:04:19 Administrative permit amendment. 74:36:04:20 Procedures for administrative permit amendments. 74:36:04:20.01 Minor permit amendment required. 74:36:04:20.02 Requirements for minor permit amendment. 74:36:04:20.03 Application for minor permit amendment. 74:36:04:20.04 Department deadline to approve minor permit amendment. 74:36:04:21 Permit modifications. 74:36:04:21.01 Alternative permit modification procedure. 74:36:04:22 Source status change -- New permit required. 74:36:04:23 Reopening operating permit for cause. 74:36:04:24 Procedures to reopen operating permit. 74:36:04:25 Repealed. 74:36:04:26 Repealed 74:36:04:27 Operating permit termination, revision, and revocation. 74:36:04:28 Notice of operating noncompliance -- Contents. 74:36:04:29 Petition for contested case on alleged violation.74:36:04:30 Repealed. 74:36:04:31 Circumvention of emissions not allowed. 74:36:04:32 General permits. 74:36:04:33 Secretary may require an individual permit.

74:36:04:01. Applicability. The requirements of this chapter apply to all minor sources.

Source: 19 SDR 157, effective April 22, 1993. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6. 74:36:04:02. Minor source operating permit required. A person may not operate any source or unit likely to cause the emission of air pollutants into the ambient air or any equipment that prevents or controls the emission of air pollutants into the ambient air until a construction permit or minor source operating permit has been issued by the board or the secretary.

Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:03.01, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:08, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred fr om § 74:26:01:08, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:04:02.01. Minor source operating permit exemption. The following sources are exempt from obtaining a minor source operating permit: (1) A source that has the potential to emit 25 t ons or less per year of any criteria pollutant, except lead, before the application of control equipment; and (2) Any other source constructed for domes tic purposes and not intended for use by an industry, manufacturer, or business.

Source: 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:04:03. Emission unit exemptions. The following emission units are exempt from inclusion in a minor source operating permit unless the source has requested federally enforceable permit conditions related to the emission unit to avoid needing a Part 70 operating permit, PSD preconstruction permit, or NSR preconstruction perm it, or the emission unit is applicable to a standard in chapter 74:36:07 or 74:36:08: (1) One or more incinerators of less than 100 pounds per hour combined burning capacity that combust municipal or household waste; (2) A mobile internal combustion engine, including those in autos, trucks, tractors, airplanes, locomotives, and boats; (3) Laboratory equipment used exclusively for chemical or physical analysis;(4) A unit that has a heat input capability of not more than 3,500,000 Btus per hour, except for units fueled with wood or coal; (5) An air conditioning or ventilating system not designed to remove air pollutants from equipment; (6) Routine housekeeping or plant upkeep ac tivities such as painting buildings, retarring roofs, or paving parking lots; and (7) A unit that has the potential to emit two tons or less per year of any criteria pollutant before the application of control equipment. Ho wever, the criteria pollutant emissions from the unit must be included in determining whether the source is a minor source. An emission unit that is exempt from pe rmitting must still meet the visible emission restriction in § 74:36:12:01.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:16, 7 SDR 4, effective July 27, 1980; tran sferred from § 44:10:01:25, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:25, 19 SDR 157, e ffective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective Decembe r 29, 1996; 25 SDR 123, effective April 4, 1999; 31 SDR 101, effective January 2, 2005; 36 SD R 207, effective June 28, 2010; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-19, 34A-1-21.

Cross-References: Operating permits for Part 70 s ources, ch 74:36:05; Prevention of significant deterioration, ch 74:36:09. 74:36:04:03.01. Minor source operating permit variance. Repealed.

Source: 23 SDR 106, effective December 29, 1996; 31 SDR 101, effective January 2, 2005; 36 SDR 207, effective June 28, 2010; SL 2013, ch 166, § 15, effective July 1, 2013.

74:36:04:04. Standard for issuance of a minor source operating permit. An operating permit for a source or permit revision may be issued only if it has been show n that the operation of the source or permit revision will not prevent or inte rfere with the attainment or maintenance of an applicable national ambient air quality standard. Co mpliance with this requirement as determined by air pollution dispersion modeling is not affected by stack height that exceeds good engineering practice or by any other dispersion technique as defined in 40 C.F.R. § 51.100 (July 1, 2014). Each source must comply with emission limits and other requirements of the act and the Clean Air Act. The minor source operating permit must include reasonable conditions, including adherence to plans and specifications, to assure compliance w ith the act, the Clean Air Act, and any other conditions justified under SDCL 34A-1-19.

Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:08.02; transferred from § 44:10:01:12, effective July 1, 1981; 10 SDR 68, effective January 5, 1984; 12 SDR 183, effective May 21, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, effective November 24, 1987; 16 SDR 88, effec tive November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:12, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 31 SDR 101, eff ective January 2, 2005; 32 SDR 209, effectiveJune 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6, 34A-1-19, 34A-1-21. Law Implemented: SDCL 34A-1-19, 34A-1-21. 74:36:04:05. Time period for operating permits and renewals. An operating permit for a minor source shall be issued for a period up to five years and all subsequent operating permits shall be for a period of five years.

Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:21.04; transferred from § 44:10:01:32, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transfe rred from § 74:26:01:32, 19 SDR 157, effective April 22, 1993; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:04:06. Timely and complete applic ation for operating permit required. A person who owns or operates a source required to have a minor source operating permit shall submit a timely and complete application. An application is timely if it meets the time limits specified in this section. An application is complete if it meets the requirements in § 74:36:04:07. A minor source applying for an initial operati ng permit shall submit a complete application to the department within 12 months after co mmencing operation. A minor source applying for a permit modification shall submit a complete applica tion to the department within 12 months after commencing operation of the emission unit(s) involved with the modification. A minor source applying for renewal of an operating permit shall submit a complete application 90 days before the date of permit e xpiration. If an existing source submits a timely and complete application for renewal of an operating permit within this time limit, the source's existing permit does not expire until the renewal permit has been issued or denied. The terms and conditions of the existing permit remain in eff ect until the renewal permit has been issued or denied.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 30 SDR 26, effective September 1, 2003; 31 SD R 101, effective January 2, 2005; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-12, 34A-1-21.

Note: A minor source applying for an initial opera ting permit or a permit modification must obtain a construction permit in accordance with chapter 74:36:20 before commencing construction of the source or permit modification. 74:36:04:07. Required contents of comple te application for operating permit. An application for an operating permit for a minor source or permit modification must include the following information to be considered a complete application:(1) General company information, including the company name and address or the plant name and address if different from the company name, the owner's name and agent, and the plant site manager or contact; (2) A description of the plant and its processes and products; (3) The following information on emissions: (a) Identification and description of all emission units; (b) Fuels, fuel use, raw materials, and production rates; (c) Identification and description of air pollution control equipment; (d) Limitations on source operation affecti ng emissions or any work practice standards, where applicable, for all regulated air pollutants; (e) Other information required by any a pplicable requirements, including information related to stack height limits, such as the location of emissions units, flow rates, building dimensions, and stack parameters, including hei ght, diameter, and plume temperature, for all pollutants regulated at the source; (4) A copy of any prepared plans and the sp ecifications of any equipment or other facilities which may affect the source, including pollution control devices; (5) An abatement strategies plan, if required by chapter 74:36:03; (6) A signed and notarized certification of applicant form; (7) The results of any air dispersion modeling required by the department; (8) The results of any stack performance testing required by the department; (9) Any other information requested by the department which is relevant to determining compliance with the act or the Clean Air Act. The application must be signed by the responsib le official or designated representative. An application for the renewal of an operating permit may refer to a previously submitted application if there are no operational changes.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from §§ 34:10:01:04.01, 34:10:01:06, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:09, effective July 1, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:26:01:09, 19 SDR 157, effective April 22, 1993; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-12, 34A-1-21. 74:36:04:08. Applicant required to supplement or correct application. If the applicant is aware that the application is incomplete or that any relevant facts or information contained in an application are incorrect, the applicant shall submit the supplementary facts or corrected information. The applicant shall provide add itional information as necessary to address requirements that become applicable after the app lication is filed but prior to the release of the draft permit.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-12, 34A-1-21.74:36:04:09. Permit application -- Completeness review. The department shall conduct a completeness review of each permit application received, as follows: (1) Within 30 days after submission of an application for an initial operating permit, a permit modification, or a renewal of an operating permit for a minor source, the department shall notify the applicant in writing whether or not the application is complete or incomplete. If the department does not notify the applicant that the application is incomplete within 30 days after receipt of the application, the application is cons idered complete. The department may at any time during the processing of the application request, in writing, additional information necessary to evaluate or take final action on the application; (2) If the application is incomplete or add itional information is necessary to evaluate the application, the department shall identify the ite ms required to complete the application. The applicant has 20 working days after receipt of an incomplete notification or request for additional information to submit the information, unless an extension beyond the 20 working days is approved by the department; and (3) The department shall determine the ad equacy of the applicant's response to each incomplete item within 15 days after receipt of the response and shall notify the applicant in writing if the application is or is not complete.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:04:10. Time period for department's recommendation. The department shall recommend issuance or denial of an operating perm it, a permit modification, or a renewal for an operating permit for a minor source within 90 days after the submission of a complete application and all other additional information necessary for the department to make an informed decision. A recommendation to issue a permit shall include a draft permit with appropriate conditions to ensure compliance with the act and Clean Air Ac t. Failure of the department to act on an application entitles the applicant to petition for and obtain a contested case review of the application without waiting for a department recommendation. The petition must conform to the requirements of article 74:09.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from §§ 34:10:01:08.01, 34:10:01:11, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:11, effective July 1, 1981; 13 SDR 129, 13 SDR 141, e ffective July 1, 1987; transferred from § 74:26:01:11, 19 SDR 157, effective April 22, 1993; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:04:11. Department's recommendation on operating permit. Repealed.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from §§ 34:10:01:02, 34:10:01:22.02, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:36, effective July 1, 1981; 13 SDR 129, 13 SDR 141, e ffective July 1, 1987; 17 SDR 170, effectiveMay 13, 1991; transferred from § 74:26:01:36, 19 SDR 157, effective April 22, 1993; 25 SDR 123, effective April 4, 1999; repealed, 36 SDR 207, effective June 28, 2010. 74:36:04:12. Public participation in permitting process. The department shall mail a copy of the draft permit for a minor source to the applicant. The department shall publish a public notice of the draft permit once in a legal newspape r in the county where the source is located. The notice must include a brief statement describing the source and where it is located; the department's recommendation and the reasons for it; the activity or activities involved in the permit action; the emissions change involved in a ny permit modification; a statement that a person may submit comments or contest the draft permit with in 30 days after the publication of the notice; describe the procedures a person must follow to contest the draft permit and request a hearing in accordance with article 74:09; and a statement descri bing where copies of the draft permit or other information may be obtained. The department sha ll provide to the interested parties a 30-day notice of any hearing to contest a draft permit.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from §§ 34:10:01:02, 34:10:01:22.03, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:37, effective July 1, 1981; 13 SDR 129, 13 SDR 141, e ffective July 1, 1987; 14 SDR 50, effective October 4, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:37, 19 SDR 157, effective April 22, 1993; 25 SDR 123, effectiv e April 4, 1999; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 1-26-27, 34A-1-21. 74:36:04:12.01. Public review of department's draft permit. During the public comment period, any interested person may submit writte n comments on the draft permit or request a contested case hearing. All comments will be considered in making a final permit decision on the draft permit as provided in § 74:36:04:13. A request for a contested case hearing must be in writing and prepared and filed in accordance with article 74:09. The department is not required to accept recommendations or comments that are not base d on applicable requirements of this article or the requirements of the Clean Air Act.

Source: 25 SDR 123, effective April 4, 1999; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21 74:36:04:13. Final permit decision -- Notice to interested persons. The department shall make its final permit decision within 30 days of the end of the public comment period on a draft permit. The department shall notify, in writing, the applicant and each person that submitted written comments or requested notice of the fi nal permit decision. The notice shall include reference to the procedures for contesting the final permit decision and requesting a hearing in accordance with article 74:09. For the purpose of this section, the final permit decision means proposing a permit, denying a permit, or terminating a permit. The final permit will be issued within 30 days of notifying the appli cant and each person that submitted written comments or requested notification of the final permit decision except under the following conditions: (1) A later effective date is specified in the final permit decision;(2) A contested case hearing is requested; or (3) No comments or request for changes in the draft permit were received during the public notice period on the draft permit. In this case, the draft permit automatically becomes the final permit decision and the final permit is issued at the end of the public notice period.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from §§ 34:10:01:02, 34:10:01:22.04, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:38, effective July 1, 1981; 13 SDR 129, 13 SDR 141, e ffective July 1, 1987; 14 SDR 50, effective October 4, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:38, 19 SDR 157, effective April 22, 1993; 25 SDR 123, effectiv e April 4, 1999; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 1-26-27, 1-26-29, 34A-1-21. 74:36:04:14. Right to petition for contested case hearing. The applicant or interested person may petition the board and obtain a contested case hearing to dispute the department's draft permit. Any other person may petition to interven e and request a hearing if the person has an interest affected by the department's draft permit. Such petitions must comply with the provisions of article 74:09 and be received by the department within 30 days after publication of the notice required by § 74:36:04:12. The applicant or an interested person th at comments on the draft permit may petition the board for and obtain a contested case hearing to dispute the department's final permit decision. Such petitions must comply with the provisions of article 74:09 and be received by the department within 30 days after receiving the department's final permit decision. If the draft permit or the final permit decision is contested, the department shall present the draft permit or final permit decision to the board for action in accordance with article 74:09.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from §§ 34:10:01:02, 34:10:01:22.05, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:39, effective July 1, 1981; 13 SDR 129, 13 SDR 141, e ffective July 1, 1987; 14 SDR 50, effective October 4, 1987; transferred from § 74:26:01: 39, 19 SDR 157, effective April 22, 1993; 25 SDR 123, effective April 4, 1999; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 1-26-27, 1-26-29, 34A-1-21. 74:36:04:15. Contents of operating permit. An operating permit for a minor source shall include the following: (1) The signature of either the secretary or the chairman; (2) The name of the person, company, political subdivision, agency, or institution granted a permit; (3) The type of operation; (4) The facility and mailing address; (5) The date the operating permit was granted and on which it will expire; (6) A number for administrative reference; (7) The name of a designated person or officer responsible for the source's operation;(8) A statement granting an operating permit by the board or secretary and any conditions that the board or secretary may impose to ensure compliance with the act and the Clean Air Act; (9) Emission limits and standards, including operational requirements and limits for all regulated emission units, necessary to assure comp liance with applicable requirements of the act and the Clean Air Act; (10) Monitoring and related record keeping and reporting requirements; (11) A severability clause to ensure the continued validity of the various permit requirements if any portions of the permit are challenged; and (12) Provisions stating the following: (a) The permittee must comply with all conditions of the permit. Any permit noncompliance constitutes a violation and is grounds for enforcement action, permit termination, revocation and reissuance, permit revision, or denial of a permit renewal application; (b) The operating permit may be revised, revoked and reissued, reopened, or terminated for cause; (c) The operating permit does not convey any property rights of any sort or any exclusive privilege; and (d) The permittee shall provide any information, including records, requested in writing by the department to determine whether cause exists for revising, revoking and reissuing, reopening, or terminating the permit or to determine compliance.

Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:22.10, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:44, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, e ffective May 13, 1991; transferred from § 74:26:01:44, 19 SDR 157, effective April 22, 1993; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:04:16. Operating permit expiration. Operating permit expiration terminates the source's right to operate under the minor source operating permit unless a timely and complete renewal application has been submitted to the department.

Source: 19 SDR 157, effective April 22, 1993; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:04:17. Renewal of operating permit. Permits being renewed are subject to the same procedural requirements in §§ 74: 36:04:06 to 74:36:04:14, inclusive, as the original minor source operating permit issuance.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.74:36:04:18. Operating permit revision. An operating permit for a minor source may be revised at any time by the submittal of an appli cation. The application must specify whether the requested revision is an administrative permit am endment, minor permit amendment, or a permit modification with supporting documentation. The application must contain the necessary information required for an administrative permit amendment, minor permit amendment, or permit modification.

Source: 19 SDR 157, effective April 22, 1993; 25 SDR 123, effective April 4, 1999; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:04:19. Administrative permit amendment. An administrative permit amendment may be issued for a revision to an operating pe rmit meeting the requirements of § 74:36:01:03. An application for an administrative permit amendment shall contain a description of the change and documentation supporting the applicant's claim the revision qualifies as an administrative permit amendment.

Source: 19 SDR 157, effective April 22, 1993; 25 SDR 123, effective April 4, 1999. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:04:20. Procedures for administrative permit amendments. The source may implement a proposed revision that is considered an administrative permit amendment immediately upon notifying the department. The department shall determine whether an administrative permit amendment is applicable to the proposed revision within 15 days of receiving a request for a permit revision. The department shall issue administrative permit amendments without the procedural requirement s applicable to obtaining a permit modification.

Source: 19 SDR 157, effective April 22, 1993; 25 SDR 123, effective April 4, 1999; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:04:20.01. Minor permit amendment required. A minor permit amendment is an amendment to an existing minor source operating permit and is issued by the secretary. A source may request a minor permit amendment under §§ 74:36:04:20.02 to 74:36:04:20.04, inclusive, for a change that does not constitute a modification and is not prohibited under any applicable requirement under Title I of the Clean Air Act.

Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-12, 34A-1-21. 74:36:04:20.02. Requirements for minor permit amendment. A minor permit amendment may be issued by the secretary if the proposed revision meets the following requirements:(1) It does not violate any applicable requirement; (2) It does not involve significant change s to existing monitoring, reporting, or record keeping requirements in the permit; (3) It does not require or change a case-by- case determination of an emission limit or other standard, a source-specific determination for tempor ary sources of ambient impacts, or a visibility or increment analysis; (4) It does not seek to establish or change a permit term or condition for which there is no corresponding underlying applicable requirement that the source has assumed to avoid an applicable requirement, a federally enforceable em issions cap assumed to avoid classification as a modification under any provision of Title I, or an alternative emissions limit approved pursuant to regulations promulgated under § 112(i)(5) of the Clean Air Act; and (5) It does not constitute a modification under Title I of the Clean Air Act.

Source: 21 SDR 119, effective January 5, 1995. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:04:20.03. Application for minor permit amendment. An application for a minor permit amendment shall include the following: (1) A description of the proposed change, the resulting change in emissions, and any new applicable requirements; (2) The source's suggested draft permit; and (3) Certification by a responsible official that the proposed revision meets the applicable requirements of a minor permit amendment.

Source: 21 SDR 119, effective January 5, 1995. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:04:20.04. Department deadline to approve minor permit amendment. The department shall take the following final acti on on a proposed minor permit amendment within 90 days after receipt of a complete application for the amendment: (1) Issue the minor permit amendment as proposed; (2) Deny the minor permit amendment application; or (3) Determine that the requested minor pe rmit amendment should be processed as a permit modification. The source may implement a proposed revision that is considered a minor permit amendment seven days after submitting a complete application. The secretary shall issue minor permit amendments without the procedural re quirements applicable to obtaining a permit modification.Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.

74:36:04:21. Permit modifications. Permit modifications are subject to the same procedural requirements in §§ 74:36:04:06 to 74: 36:04:14, inclusive, as the original operating permit issuance as long as the source remains a mi nor source. However, the required review shall cover only the proposed changes rather than the unchanged activities of the permittee.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:04:21.01. Procedures for an insignif icant increase in allowable emissions. The department shall take the following final action on the proposed insignificant increase in allowable emissions within 90 days after receipt of a complete application for the permit revision: (1) Issue the permit revision as proposed; (2) Deny the application for a permit revision; or (3) Determine the requested permit revision should be processed as a permit modification. The secretary shall issue the permit revisi on for an insignificant increase in allowable emissions without the procedural requirements applicable to obtaining a permit modification.

Source: 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:04:22. Source status change -- New permit required. If a minor source becomes a Part 70 source because of a relaxation in a federally enforceable limit on the capacity of the source or modification as defined in § 74:36:01:10, the requirements of chapter 74:36:05 apply to that source as though it were a single new source and the owner or operator shall obtain the applicable permit.

Source: 12 SDR 183, effective May 21, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:26:01:02.02, 19 SD R 157, effective April 22, 1993; 25 SDR 123, effective April 4, 1999. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6. 74:36:04:23. Reopening operating permit for cause. The department may reopen an operating permit for further review if the department determines that the permit contains a material mistake in establishing the emissions standards or limits or other requirements of the operating permit or the department determines that the operating permit must be revised to ensure compliance with the applicable requirements of this article and the Clean Air Act.

Source: 19 SDR 157, effective April 22, 1993; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21.Law Implemented: SDCL 34A-1-21. 74:36:04:24. Procedures to reopen operating permit. The department shall notify the source at least 30 days before reopening an operati ng permit issued to the source. The department may reopen a permit in a shorter time in an em ergency. The procedures to reopen an operating permit shall follow the procedural requirements to issue an initial permit and shall affect only those parts of the permit for which cause to reopen exists.

Source: 19 SDR 157, effective April 22, 1993. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:04:25. General permit. Repealed.

Source: 19 SDR 157, effective April 22, 1993; re pealed, 23 SDR 106, effective December 29, 1996. 74:36:04:26. General permit -- Notice of intent. Repealed.

Source: 19 SDR 157, effective April 22, 1993; re pealed, 23 SDR 106, effective December 29, 1996. 74:36:04:27. Operating permit termination, revision, and revocation. The board, upon recommendation by the secretary, may terminate, revise, or revoke an operating permit for a violation of this article or nonpayment of any outstanding enforcement penalty.

Source: 19 SDR 157, effective April 22, 1993; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:04:28. Notice of operating noncompliance -- Contents. If the department determines that the operation of a source is not in compliance with this article, the Clean Air Act, or permit conditions, the department may issue a notice of such a finding to the permit holder or operator of the source. The notice must contain cita tions to the rules, statutes, or permit conditions violated and the alleged facts upon which the de termination is based. The secretary, with the concurrence of the alleged violator, may settle an issue of noncompliance by entering into a compliance agreement with the source that specifies the date for final compliance of the source and any penalties under SDCL 34A-1-39. If a comp liance agreement can not be negotiated, the department may petition the chairman of the board for a contested case hearing or may file a civil penalty or injunctive action in circuit court.

Source: 2 SDR 40, effective December 7, 1975; tr ansferred from § 34:10:01:39, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:47, effective July 1, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:26:01:47, 19 SDR 157, effective April 22, 1993. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 1-26-20, 34A-1-53.74:36:04:29. Petition for conteste d case on alleged violation. In accordance with § 74:36:04:28, the department may file a petition c ontaining the information required in article 74:09 with the chairman to request an order di recting corrective action, that an enforcement hearing be scheduled pursuant to the provisions of chapter 74:09:01, or that the permit be suspended or revoked for noncompliance.

Source: 2 SDR 40, effective December 7, 1975; tr ansferred from § 34:10:01:40, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:48, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 50, eff ective October 4, 1987; transferred from § 74:26:01:48, 19 SDR 157, effective April 22, 1993. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-47, 34A-1-49. 74:36:04:30. Stack performance tests required. Repealed.

Source: 19 SDR 157, effective April 22, 1993; re pealed, 23 SDR 106, effective December 29, 1996.

74:36:04:31. Circumvention of emissions not allowed. A person may not install or cause the installation or use of a device or a means which conceals or dilutes an emission of air pollutants that would otherwise violate this article or the Clean Air Act. This includes operating a source, unit, or control device which emits polluta nts into the ambient air from an opening other than the stack, vent, or equivalent opening from which they were designed to be emitted.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:03, 7 SDR 4, effective July 27, 1980; tran sferred from § 44:10:01:07, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:26:01:07, 19 SDR 157, effective April 22, 1993. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:04:32. General permits. The secretary may issue a ge neral permit to a category of air pollution sources that meets the following: (1) Involve the same or substantially similar types of operations; (2) Require the same or similar type of air emission limits; and (3) Require the same or similar record keeping and monitoring. If a general permit has been issued by the secretary, all sources covered by the general permit shall apply for permission to operate under the general permit. Such sources may not be constructed or operate until they are granted c overage under the general permit, or until they obtain an individual permit if required by the secretary.

Source: 30 SDR 26, effective September 1, 2003; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-21. Law Implemented: SDCL 34A-1-56.

Note: The procedural requirements for obtaini ng a general permit under this chapter are similar to the procedural requirements for a minor source, such as a timely and completeapplication, completeness review, public partic ipation, and departmental recommendation, as outlined in §§ 74:36:04:06 to 74:36:04:14, inclusive. 74:36:04:33. Secretary may require an individual permit. The secretary may require any source applying for a general permit or operating unde r a general permit to apply for and obtain an individual air quality permit. Individual air quality pe rmits may be required at the discretion of the secretary, including under the following circumstances; (1) The owner or operator is not in complian ce with the conditions of its existing individual air permit prior to applying for the general permit; or (2) The owner or operator is not in complia nce with the conditions of the general permit.

Source: 30 SDR 26, effective September 1, 2003. General Authority: SDCL 34A-1-21. Law Implemented: SDCL 34A-1-56.

CHAPTER 74:36:05

OPERATING PERMITS FOR PART 70 SOURCES

Section 74:36:05:01 Applicability. 74:36:05:02 Part 70 operating permit required. 74:36:05:03 Sources required to obtain a Part 70 operating permit. 74:36:05:03.01 Repealed. 74:36:05:04 Sources exempt from obtaining a Part 70 operating permit. 74:36:05:04.01 Insignificant activities. 74:36:05:05 Transferred. 74:36:05:06 Standard for issuance of a Part 70 permit. 74:36:05:06.01 Fees required for operating permit. 74:36:05:07 Time period for operating permits and renewals. 74:36:05:08 Timely and complete application for operating permit required. 74:36:05:09 Complete application. 74:36:05:10 Transferred. 74:36:05:11 Transferred. 74:36:05:12 Required contents of complete application. 74:36:05:13 Applicant required to supplement or correct application. 74:36:05:14 Repealed. 74:36:05:15 Deadline for final action on permit application. 74:36:05:16 Statement of basis for recommended permit conditions. 74:36:05:16.01 Operating permit requirements. 74:36:05:17 Public participation in permitting process. 74:36:05:18 Public and affected state review of draft permit. 74:36:05:19 Transferred. 74:36:05:20 Repealed. 74:36:05:20.01 Final permit decision -- Notice to interested persons. 74:36:05:20.02 Petitions for contested case hearing.74:36:05:20.03 EPA review of Part 70 operating permit. 74:36:05:21 EPA objection to issuance of operating permit. 74:36:05:21.01 Department response to EPA objection. 74:36:05:22 Department failure to meet EPA objection deadline. 74:36:05:23 Public petition to EPA on the final permit. 74:36:05:24 Repealed. 74:36:05:25 Transferred 74:36:05:26 Transferred 74:36:05:27 Transferred. 74:36:05:28 Permit expiration. 74:36:05:29 Permit renewal. 74:36:05:30 Permit flexibility. 74:36:05:31 Permit amendment -- Application required. 74:36:05:32 Administrative permit amendment required. 74:36:05:33 Procedure for administrative permit amendments. 74:36:05:34 Minor permit amendment required. 74:36:05:35 Requirements for minor permit amendments. 74:36:05:36 Application for minor permit amendment. 74:36:05:37 Notification of EPA and affected states required. 74:36:05:38 Department deadline to approve minor permit amendment. 74:36:05:39 Permit modifications. 74:36:05:39.01 Alternative permit modification procedure. 74:36:05:40 Reopening operating permit for cause. 74:36:05:41 Procedures to reopen permit. 74:36:05:42 Reopening permit for cause by EPA. 74:36:05:43 EPA review of proposed determination. 74:36:05:44 Department failure to submit proposed determination. 74:36:05:45 Repealed. 74:36:05:46 Permit termination, m odification, revocation, and reissuance by department. 74:36:05:47 Notice of operating noncompliance -- Contents. 74:36:05:47.01 Circumvention of emissions not allowed. 74:36:05:48 Petition for contested case on alleged violation. 74:36:05:49 Repealed. 74:36:05:50 Federal enforceability of permit conditions. 74:36:05:51 General permits. 74:36:05:52 Secretary may require an individual permit.

74:36:05:01. Applicability. The requirements of this chapter apply to all Part 70 sources.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective January 2, 2005; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:05:02. Part 70 operating permit required. A person may not operate any source or unit likely to cause the emission of air pollutants into the ambient air or any equipment which prevents or controls the emission of air pollutant s into the ambient air until a construction permit,PSD preconstruction permit, NSR preconstruction permit, or Part 70 operating permit has been issued by the board or the secretary.

Source: 19 SDR 157, effective April 22, 1993; second paragraph transferred from § 74:36:05:05, 20 SDR 125, effective February 9, 1994; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-12, 34A-1-21.

Cross-References: Sources exempt from obtaini ng a Part 70 operating permit, § 74:36:05:04; Timely and complete applica tion for operating permit required, § 74:36:05:08. 74:36:05:03. Sources required to obtain a Part 70 operating permit. Sources required to obtain a Part 70 operating permit include the following: (1) Any major source; (2) Any source, including an area source, subj ect to a standard or regulation promulgated under § 111 of the Clean Air Act unless otherwise specified in chapter 74:36:07; (3) Any source, including an area source, subj ect to a standard or regulation promulgated under § 112 of the Clean Air Act, except for a source that is solely subject to the regulations or requirements of § 112(r) or unless otherwise specified in chapter 74:36:08; (4) Any affected source subject to Title IV of the Clean Air Act; and (5) Any source in a source category designate d by the administrator of the EPA through the Clean Air Act pursuant to Title V of the Clean Air Act.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-12, 34A-1-21. 74:36:05:03.01. PSD or NSR preconstruction permit required. Repealed.

Source: 19 SDR 157, effective April 22, 1993; tr ansferred from § 74:36:05:10, 20 SDR 125, effective February 9, 1994; 21 SDR 119, eff ective January 5, 1995; repealed, 36 SDR 207, effective June 28, 2010. 74:36:05:04. Sources exempt from obtaining a Part 70 operating permit. The following sources are exempt from obtaining a Part 70 operating permit: (1) All sources that are not included in § 74:36:05:03; (2) Sources that operate a unit subject to 40 C.F.R. 60, Subpart AAA-Standards of Performance for New Residential Wood Heaters (J uly 1, 2014) are exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permitfor a reason other than the source is subject to Subpart AAA. Exempted sources must still meet the applicable requirements in Subpart AAA; or (3) Sources that operate a unit subject to 40 C.F.R. § 61.145, Standard for Demolition and Renovation (July 1, 2014) are exempt from the oblig ation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 opera ting permit for a reason other than the source is subject to 40 C.F.R. § 61.145 (July 1, 2014). Exempt ed sources must still meet the applicable requirements in 40 C.F.R. § 61.145 (July 1, 2014).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-12, 34A-1-21. 74:36:05:04.01. Insignificant activities. The following emission units are considered insignificant activities and are exempt from incl usion in a Part 70 operating permit unless the source has requested federally-enforceable permit c onditions related to the insignificant activity to avoid needing a PSD preconstruction permit or NS R preconstruction permit or the emission unit is applicable to a standard in chapter 74:36:07 of 74:36:08: (1) One or more incinerators of less than 100 pounds per hour combined burning capacity that combust municipal or household waste; (2) A mobile internal combustion engine, including engines in autos, trucks, tractors, airplanes, locomotives, and boats; (3) Laboratory equipment used exclusively for chemical or physical analysis; (4) A unit that has a heat input capability of not more than 3,500,000 Btus per hour, except for units fueled with wood or coal; (5) An air conditioning or ventilating system not designed to remove air pollutants from equipment; (6) Routine housekeeping or plant upkeep ac tivities such as painting buildings, retarring roofs, or paving parking lots; (7) A unit that has the potential to emit two tons or less per year of any criteria pollutant before the application of control equipment. Ho wever, the criteria pollutant emissions from the unit must be included in determining whether the source is a major source; and (8) A unit that has the potential to emit tw o tons or less per year of any hazardous air pollutant. However, the hazardous air pollutant emissions from the unit must be included in determining whether the source is a major source. However, insignificant activities exempted b ecause of size or production rate must be identified in the Part 70 operating permit application. An application may not omit information needed to determine the applicability of or to impose an applicable requirement.

Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 31 SDR 101, effective January 2, 2005; 36 SDR 207, e ffective June 28, 2010; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-12, 34A-1-21.74:36:05:05. Transferred to § 74:36:05:02. 74:36:05:06. Standard for issuance of a Part 70 operating permit. A Part 70 operating permit for a source or permit revision may be issued only if it has been show n that the operation of the source or permit revision will not prevent or inte rfere with the attainment or maintenance of an applicable ambient air quality standard. Complian ce with this requirement as determined by air pollution dispersion modeling is not affected by stack height that exceeds good engineering practice or by any other dispersion technique as defined in 40 C.F.R. § 51.100 (July 1, 2014). Each source must comply with emission limits and other requirements of the act and the Clean Air Act. A Part 70 operating permit must include reasonabl e conditions, including adherence to plans and specifications, to assure compliance with the act , the Clean Air Act, and any other conditions justified under SDCL 34A-1-19.

Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:08.02; transferred from § 44:10:01:12, effective July 1, 1981; 10 SDR 68, effective January 5, 1984; 12 SDR 183, effective May 21, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, effective November 24, 1987; 16 SDR 88, effec tive November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:12, 19 SDR 157, effective April 22, 1993; 20 SDR 125, effective February 9, 1994; 21 SDR 119, eff ective January 5, 1995; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6, 34A-1-19, 34A-1-21. Law Implemented: SDCL 34A-1-19, 34A-1-21. 74:36:05:06.01. Fees required for operating permit. The applicant for a Part 70 operating permit and the owner or operator of a source with a Part 70 operating permit shall submit a fee in accordance with article 74:37.

Source: 19 SDR 157, effective April 22, 1993; tr ansferred from § 74:36:05:11, 20 SDR 125, effective February 9, 1994; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-57, 34A-1-58. Law Implemented: SDCL 34A-1-58. 74:36:05:07. Time period for op erating permits and renewals. A permit for an affected source under Title IV of the Clean Air Act shall be for a fixed term of five years. Operating permits for all Part 70 sources shall be issued fo r a period up to five years, and all subsequent operating permits shall be for a period of five year s. A permit issued for a solid waste incinerator subject to the requirements of § 129(e) of the Clean Air Act shall be for a period not to exceed 12 years and shall be reviewed by the department every five years.

Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:21.04; transferred from § 44:10:01:32, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transfe rred from § 74:26:01:32, 19 SDR 157, effective April 22, 1993; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:05:08. Timely and complete applic ation for operating permit required. A person who owns or operates a Part 70 source required to have an operating permit must submit a timelyand complete application. An application is timel y if it meets the time limits specified in this section. An application is complete if it m eets the requirements in §§ 74:36:05:12 and 74:36:05:13. The time limits are set as follows: (1) A source applying for its initial Part 70 operating permit must submit a complete application to the department within 12 months after commencing operation; (2) A Part 70 source applying for a permit m odification shall submit a complete application to the department within 12 months after commencing operation of the emission units involved with the modification; (3) A Part 70 source applying for renewal of an operating permit must submit a complete application six months before the date of permit expiration. If a source submits a timely and complete application for renewal of a permit, the terms and conditions of the existing permit remain in effect until the renewal permit has been issued or denied. This right to operate pending action on an application is extinguished if the applicant fails to submit on time the information identified in § 74:36:05:12; (4) Part 70 sources required to obtain approva l under § 112(g) of the Clean Air Act or have a PSD preconstruction permit or NSR preconstruction permit must file a complete application to obtain a Part 70 operating permit or a permit modifi cation, whichever is applicable, for the Part 70 source within 12 months after commencing operati on. If an existing operating permit for a Part 70 source would prohibit such construction or the change in operation, the source must obtain the applicable construction permit, PSD preconstructi on permit, or NSR preconstruction permit before commencing operation; (5) Applications for initial phase II acid rain permits must be submitted to the department by January 1, 1996, for sulfur dioxide and by January 1, 1998, for nitrogen oxides; and (6) An existing municipal solid waste landf ill that meets the requirements of subdivisions 74:36:07:34(1) and (2) is required to submit a Part 70 operating permit application within 15 months of the effective date of EPA's approval of the state's § 111(d) plan required in the Clean Air Act.

Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, effective February 9, 1994; 21 SDR 119, effective January 5, 1995; 25 SDR 123, e ffective April 4, 1999; 31 SDR 101, effective January 2, 2005; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-12, 34A-1-21.

Note: A Part 70 source applying for an initial operating permit or a permit modification must obtain a construction permit in accord ance with chapter 74:36:09, 74:36:10, or 74:36:20 before commencing construction of the source or permit modification. 74:36:05:09. Complete application. The department shall determine completeness of an application for an initial Part 70 operating permit, permit modification, or renewal of a Part 70 operating permit within 60 days after its receipt and shall notify the applicant in writing of its determination. If the department does not notify th e applicant that the application is incomplete within 60 days after receipt of the applicati on, the applicant may consider the applicationcomplete. At any time during the processing of th e application, the department may request, in writing, additional information necessary to evaluate or take final action on the application. If the application is incomplete or additi onal information is necessary to evaluate the application, the department shall identify the ite ms required to complete the application. The applicant has 20 working days after receipt of an incomplete notification or request for additional information to submit the information, unless an extension beyond the 20 working days is approved by the department. The department sha ll determine the adequacy of the applicant's response to each incomplete item within 20 days af ter receipt of the response and shall notify the applicant in writing if the application is or is not complete. Once a designated representative submits a timel y and complete acid rain permit application, the owners or operators of the affected sour ce and the affected units covered by the permit application are considered in compliance with the requirement to have an acid rain permit until the final permit is issued, if any requested additi onal information is submitted during the permitting process.
Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.
74:36:05:10. Transferred to § 74:36:05:03.01.
74:36:05:11. Transferred to § 74:36:05:06.01. 74:36:05:12. Required contents of complete application. An applicant for an operating permit for a Part 70 source or permit modificati on must submit the following information for the application to be considered complete: (1) General company information, including the company name and address or the plant name and address if different from the company name, the owner's name and agent, and the plant site manager or contact; (2) A plant description in terms of the pr ocesses and products identified by the Standard Industrial Classification Code, 1987, including any associated with each alternate scenario identified by the source; (3) The following information on emissions: (a) All emissions of pollutants for whic h the source is major and all emissions of regulated air pollutants. The applicant must desc ribe all emissions of regulated air pollutants emitted from any emissions unit, except when such units are exempt; (b) Identification and description of all em ission units described in subsection (a) of this subdivision in sufficient detail to establish the ba sis for fees and the applicability of requirements of the Clean Air Act;(c) Emissions rates in total tons per year and in any other terms necessary to establish compliance consistent with the applicable standard reference test method; (d) Fuels, fuel use, raw materials, production rates, and operating schedules; (e) Identification and description of air pollution control equipment and compliance monitoring devices or activities; (f) Limits on source operation affecting emissions or any work practice standards, as applicable for all regulated air pollutants; (g) For all pollutants regulated at the source, other information required by any applicable requirements including information related to stack height limits, such as the location of emissions units, flow rates, building dimensions, and stack parameters, including height diameter, and plume temperature; and (h) Calculations on which the items in this subdivision are based; (4) One copy of any prepared plans and th e specifications of any equipment or other facilities that may affect the source, including pollution control devices; (5) An abatement strategies plan, if required by chapter 74:36:03; (6) A signed and notarized certification of applicant form, as provided by the department; (7) The results of any air dispersion modeli ng or stack performance testing required by the department; (8) Citation and description of all applicable air pollution control emission limit requirements; (9) A review of fugitive emissions included in the same manner as stack emissions, whether or not the source is included in the list of sources contained in the definition of major source; (10) A description of or reference to any applicable test method for determining compliance with each applicable requirement; (11) Any additional information that may be necessary to implement and enforce other requirements of the Clean Air Act or to determine the applicability of such requirements; (12) An explanation of any proposed exemp tions from otherwise applicable requirements; (13) The use of standardized forms for acid rain portions of permit applications and compliance plans; (14) Information necessary to define reasona bly anticipated alternative operating scenarios, to define permit terms and conditions pursuant to § 74:36:05:30, or to implement a federally enforceable emission cap;(15) A compliance plan that contains all of th e following and is at least as stringent as that contained in any judicial consent decree or administrative order to which the source is subject: (a) A description of the compliance status of the source for all applicable requirements, including applicable requirements that will become effective during the term of the permit; (b) A description of the requirements for which the source is not in compliance at the time of permit issuance and a narrative descripti on and a compliance schedule of how the source will achieve compliance with such requirement s. The compliance schedule must include a statement that progress reports will be submitted at least once every six months; and (c) A statement that the source will conti nue to demonstrate compliance with applicable requirements; (16) A certification of compliance by a respons ible official that addresses all air pollution control requirements applicable to the source. A cer tification of compliance for an affected source subject to Title IV and chapter 74:36:16 must be submitted by the designated representative. This certification must be consistent with any applicable enhanced monitoring and compliance certification requirement of the Clean Air Act and must include: (a) A statement indicating methods used to determine compliance, including monitoring, record keeping and reporting requirements, and test methods; (b) A statement that compliance certificati ons will be submitted at least annually or at other designated times for the duration of the permit to the department; (c) A statement that the source is in compliance with all applicable requirements; (d) A statement identifying the condition of the permit that is the basis of the certification, indicating the compliance status, a nd identifying whether compliance is continuous or intermittent; and (e) A statement indicating the source's comp liance status with any applicable enhanced monitoring and compliance certification requirements of the Clean Air Act; (17) A certification by a responsible official of the truth, accuracy, and completeness of any application form, report, or compliance certificati on submitted to the department. This certification and any other required certification must state th at, based on information and belief formed after reasonable inquiry, the statements and informa tion in the documents are true, accurate, and complete; and (18) Any other information requested by the department after submission of an application for a permit to operate a Part 70 source which is relevant to determine compliance of the source with the Clean Air Act. An application for a renewal of an opera ting permit for a Part 70 source may refer to previously submitted material.Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, effective February 9, 1994; 21 SDR 119, effective January 5, 1995; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-12, 34A-1-21.

Reference: Standard Industrial Classificati on Manual, 1987, Executive Office of the President, Office of Management and Budget. C opies may be obtained from National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161, order no PB 87-100012. Cost: $31. 74:36:05:13. Applicant required to supplement or correct application. If the applicant is aware that the application is incomplete or that any relevant facts or information contained in an application are incorrect, the applicant shall submit the supplementary facts or corrected information. The applicant shall provide add itional information as necessary to address requirements that become applicable after the appli cation is filed but before the release of the draft permit.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-12, 34A-1-21. 74:36:05:14. Permit application -- Completeness review. Repealed.

Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, effective February 9, 1994; repealed, 21 SDR 119, effective January 5, 1995.

74:36:05:15. Deadline for final ac tion on permit application. Except for the permitting of affected sources under the Title IV acid rain program, final action on each permit application for an operating permit for a Part 70 source, includi ng requests for permit modification or renewal, must be completed within 18 months after receipt of a complete application.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.

74:36:05:16. Statement of basis for recommended permit conditions. The department shall review the complete application for a Part 70 operating permit and develop a statement that sets forth the legal and factual basis for the recommended permit conditions, including references to the applicable statutory or regulatory provisions . The department shall provide this statement to EPA, the applicant, and, upon request, to the public and affected states with the draft permit.

Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, effective February 9, 1994; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:05:16.01. Operating permit requirements. Each permit issued for the operation of a Part 70 source must contain:(1) The name of the person, company, political subdivision, agency, or institution granted a permit; (2) The type of operation; (3) The facility and mailing address; (4) The date the operating permit was granted and on which it will expire; (5) A number for administrative reference; (6) The name of a designated person or officer responsible for the source's operation; (7) A statement granting an operating permit by the board or secretary and any conditions that the board or secretary may impose to ensure compliance with the act and the Clean Air Act; (8) Emission limits and standards, including operational requirements and limits for all regulated emission units, necessary to assure comp liance with applicable requirements of the act and the Clean Air Act and including the following: (a) The reference of authority for each term or condition; (b) The applicable requirements from the Clean Air Act and from Title IV requirements of the Clean Air Act, reviewing both requirements and distinguishing which is more stringent and incorporating both into the permit; and (c) If an alternative emission limit is a pproved in the state implementation plan (SIP), provisions to ensure that the alternative emissi on limit in the permit issuance, renewal, or permit modification process has been demonstrated to be equivalent to the applicable emission limit in the state implementation plan and is quantifiable, accountable, enforceable, and based on replicable procedures; (9) Monitoring and related record keeping a nd reporting requirements, consisting of at least the following: (a) All emissions monitoring and analysis procedures, alternative approved methods or test methods required under the applicable requi rements, including procedures and methods in § 504(b) or 114(a)(3) of the Clean Air Act; (b) If the applicable requirement does not require periodic testing or instrumental or noninstrumental monitoring, periodic monitoring suffici ent to yield reliable data from the relevant time period that are representative of the source' s compliance with the permit. Such monitoring requirements must assure use of terms, test met hods, units, averaging periods, and other statistical conventions consistent with the applicable requirement; (c) As necessary, documentation of the use, maintenance, and if appropriate, installation of monitoring equipment or methods; (d) Documentation of the following:(i) The date, place as defined in the permit, and time of sampling or measurements; (ii) The date or dates analyses were performed; (iii) The company or entity that performed the analyses; (iv) The analytical techniques or methods used; (v) The results of such analyses; and (vi) The operating conditions as existing at the time of sampling or measurement; (e) Record keeping and reporting requirements that comply with the following: (i) Submission of reports of any re quired monitoring must occur at least every six months. Reports must clearly identify all de viations from permit requirements and conditions. All required reports must be certified by a responsible official; and (ii) Deviations from permit requirements, including those attributable to upset conditions as defined in the permit, the probabl e cause of such deviations and any corrective actions or preventive measures taken must be promptly reported and certified by a responsible official; and (f) Requirements for retention of mon itoring records and all supporting documentation for at least five years from the date of the mon itoring sample, measurement, report, or application; and (10) If applicable, a condition prohibiting emissions exceeding any allowances that the source lawfully holds, exceedances of applicable emission rates, and the use of any allowance prior to the year for which it was allocated under the Title IV program of the Clean Air Act; (11) A severability clause asserting the c ontinued validity of permit requirements if any portions of the permit are challenged; (12) Provisions stating the following: (a) The permittee must comply with all conditions of the permit. Any permit noncompliance constitutes a violation and is grounds for enforcement action, permit termination, revocation and reissuance, permit revision, or denial of a permit renewal application; (b) A permittee in an enforcement action ma y not use the defense that it would have been necessary to cease or reduce the permitted activity in order to maintain compliance; (c) The permit may be revised, revoked and reissued, reopened, or terminated for cause. The filing of a request by the permittee for a permit revision, revocation and reissuance, or termination or of a notification of planned cha nges or anticipated noncompliance does not stay any permit condition; (d) The permit does not convey property right s of any sort or any exclusive privilege; and(e) The permittee must provide any inform ation, including records, requested in writing by the department to determine whether cause exists for revising, revoking and reissuing, reopening, or terminating the permit or to determine compliance; (13) Terms and conditions for reasonably anticipated operating scenarios identified by the source in its application and approved by the depa rtment. The terms and conditions must require the source, contemporaneously with making a change from one operating scenario to another, to record in a log at the permitted facility a record of the scenario under which it is operating and must ensure that the terms and conditions of each such alternative scenario meet all requirements of the Clean Air Act; (14) Compliance requirements that contain the following: (a) A compliance certification and tes ting, monitoring, reporting, and recordkeeping requirements sufficient to assure compliance with the terms and conditions of the permit. All documents, including reports, required by the permit must be certified by a responsible official consistent with subdivision 74:36:05:12(17). The compliance certification must be submitted annually from the date of permit issuance to the department and EPA; (b) Inspection and entry requirements that require the permittee to allow the department or an authorized representative to perform the following: (1) Enter upon the permittee's premises where a Part 70 source is located or emissions-related activity is conducted or where records must be kept under the conditions of the permit; (2) Have access to and copy, at reasona ble times, any records that must be kept under the conditions of the permit; (3) Inspect at reasonable times any facilities, equipment, practices, or operations regulated or required under the permit; and (4) As authorized by the Clean Air Ac t, sample or monitor at reasonable times substances or parameters for the purpose of a ssuring compliance with the permit or applicable requirements; (c) A compliance plan in accordan ce with subdivision 74:36:05:12(15), including progress reports on noncompliance indicating the da tes that compliance will be achieved or the dates that compliance was achieved as referred to in a schedule of compliance. The report must state an explanation for not attaining dates of co mpliance and must be submitted to the department semiannually or more frequently as required by the department; and (d) A compliance certification in accordance with subdivision 74:36:05:12(16); (15) A condition requiring a Part 70 source to pay any required fees; (16) A condition stating that no permit revi sions are required for increases in emissions allowed through emissions trading to the extent that such trades are authorized by the applicable requirements of the Clean Air Act;(17) Any provisions the department uses to issue general permits that are in accordance with 40 C.F.R. Part 70.6(d) (July 1, 2014); (18) Provisions for permit emission exceedances due to emergencies that are in accordance with the requirements in 40 C.F.R. Part 70.6(g) (July 1, 2014); and (19) All applicable requirements of the Clean Air Act.

Source: 19 SDR 157, effective April 22, 1993; tr ansferred from § 74:36:05:27, 20 SDR 125, effective February 9, 1994; 21 SDR 119, effectiv e January 5, 1995; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-12, 34A-1-21. 74:36:05:17. Public participation in permitting process. All operating permit issuance proceedings, including renewals, permit modifica tions, and reopenings, for a Part 70 source, except as provided in this chapter, must provide an opportunity for public and affected states to comment on the draft permit. The department shall publish the public notice on the draft permit once in a legal newspaper in the county where the source is located. The public notice must include the following: (1) A brief statement describing the sour ce, including the name and address of the permittee; (2) The activity or activities involved in the permit action; (3) The emissions change involved in any permit modification; (4) The department's recommendation and the reasons for it; (5) A statement that a person may submit co mments or contest the draft permit within 30 days after publication of the notice. The statement shall also describe the procedures a person must follow to contest the draft permit and request a hearing in accordance with article 74:09; and (6) A statement describing where copies of the draft permit or other information may be obtained. The department shall provide to the interest ed parties a 30-day notice of any hearing to contest a draft permit.

Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, effective February 9, 1994; 21 SDR 119, effective January 5, 1995; 25 SDR 123, e ffective April 4, 1999; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:05:18. Public and affected state review of draft permit. During the public comment period, any interested person or affect ed state may submit written comments on the draft permit or request a contested case hearing. All comments will be considered in making a final permit decision on the draft permit as provi ded in §§ 74:36:05:20 and 74:36:05:20.01. A request for a contested case hearing must be in writing a nd prepared and filed in accordance with article74:09. The department is not required to accept r ecommendations or comments that are not based on applicable requirements of this article or the requirements of the Clean Air Act.

Source: 19 SDR 157, adopted April 22, 1993, eff ective November 15, 1994; 20 SDR 125, amended February 9, 1994, effective Novemb er 15, 1994; 21 SDR 119, amended January 5, 1995, and effective date changed to March 15, 1995; 25 SDR 123, effective April 4, 1999; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.
74:36:05:19. Transferred to § 74:36:05:20.03. 74:36:05:20. Department review of affect ed states' comments on draft permit. Repealed.

Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, amended February 9, 1994, and effective date changed to November 15, 1994; 21 SDR 119, amended January 5, 1995, and effective date changed to March 15, 1995; repealed, 25 SDR 123, effective April 4, 1999. 74:36:05:20.01. Final permit decision -- Notice to interested persons. The department shall make its final permit decision within 30 days of the end of the public comment period on a draft permit. The department shall notify, in wr iting, the applicant and each person or affected state that submitted written comments or requested notice of the final permit decision. The notice shall include reference to the procedures for c ontesting the final permit decision and requesting a hearing in accordance with article 74:09. For the purpose of this section, the final permit decision means proposing a permit, denying a permit, or terminating a permit. The proposed Part 70 operating permit must be submitted to EPA within 30 days of notifying the applicant and each person or aff ected state that submitted written comments or requested notification of the final permit decision except under the following conditions: (1) A later effective date is specified in the final permit decision; (2) A contested case hearing is requested; or (3) No comments or request for changes in the draft permit were received during the public notice period on the draft permit. In this case, the draft permit automatically becomes the final permit decision and the proposed Part 70 operating permit is submitted to EPA.

Source: 19 SDR 157, effective April 22, 1993; tr ansferred from § 74:36:05:25, 20 SDR 125, effective February 9, 1994; 25 SDR 123, effectiv e April 4, 1999; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 1-26-27, 1-26-29, 34A-1-21. 74:36:05:20.02. Petitions for contested case hearing. The applicant, interested person, or affected state may petition the board and obtai n a contested case hearing to dispute the department's draft permit. Any other person may pe tition to intervene and request a hearing if the person has an interest affected by the department's draft permit. Such petitions must comply with the provisions of article 74:09 and be received by the department within 30 days after the notice required by § 74:36:05:17.The applicant or an interested person or aff ected state that comments on the draft permit may petition the board for and obtain a contested case h earing to dispute the department's final permit decision. Such petitions must comply with the pr ovisions of article 74:09 and be received by the department within 30 days after the applicant, interested person, or affected state receives the department's final permit decision. If the draft permit or the final permit decision is contested, the department shall present the draft permit or final permit decision to the board for action in accordance with article 74:09.

Source: SL 1975, ch 16, §1; 2 SDR 40, effectiv e December 7, 1975; transferred from §§ 34:10:01:02, 34:10:01:22.05, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:39, effective July 1, 1981; 13 SDR 129, 13 SDR 141, e ffective July 1, 1987; 14 SDR 50, effective October 4, 1987; transferred from § 74: 26:01:39, 19 SDR 157, effective April 22, 1993; transferred from § 74:36:05:26, 20 SDR 125, eff ective February 9, 1994; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 1-26-27, 1-26-29, 34A-1-21. 74:36:05:20.03. EPA review of Part 70 operating permit. The department shall submit to EPA a copy of each permit application for a Part 70 operating permit, including any application for a permit modification at the time the application is received by the department, minutes of the proceedings of a contested case hearing, the draf t permit, comments from the public or affected states on the draft permit and the department's response, the proposed Part 70 operating permit, and the final permit after EPA review. The depa rtment may, in agreement with EPA, submit a permit application summary form and any relevant portion of the permit application or compliance plan.

Source: 19 SDR 157, adopted April 22, 1993, eff ective November 15, 1994; 20 SDR 125, transferred from § 74:36:05:19 and amended Fe bruary 9, 1994, effective November 15, 1994; 21 SDR 119, amended January 5, 1995, and effective date changed to March 15, 1995; 25 SDR 123, effective April 4, 1999; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:05:21. EPA objection to issuance of operating permit. The department may not issue a proposed Part 70 operating permit as a final permit for a Part 70 source if EPA objects to its issuance within 45 days after receipt of the proposed Part 70 operating permit pursuant to § 74:36:05:20.03. If there is no EPA objection, the de partment shall issue the proposed Part 70 operating permit as a final permit.

Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, amended February 9, 1994, and effective date changed to November 15, 1994; 21 SDR 119, amended January 5, 1995, and effective date changed to March 15, 1995. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.

Cross-Reference: EPA objection procedure, 40 C.F.R. § 70.8(c).74:36:05:21.01. Department response to EPA objection. The department shall respond within 90 days to the EPA objection. The depart ment may either revise the proposed Part 70 operating permit or justify its position on the propos ed Part 70 operating permit to EPA. If the department decides to revise the proposed Part 70 operating permit, it shall follow the procedural requirements for an initial Part 70 operating pe rmit, administrative permit amendment, minor permit amendment, or permit modification, as applicable. If the EPA concurs with the revised proposed Part 70 operating permit or the department's justification, the department shall issue a final permit and submit it to the EPA. If the EPA does not concur, the EPA is responsible for issuing the final permit.

Source: 20 SDR 125, adopted February 9, 1994, e ffective November 15, 1994; 21 SDR 119, amended January 5, 1995, and effective date ch anged to March 15, 1995; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:05:22. Department failure to meet EPA objection deadline. If the department fails to submit a revised proposed Part 70 operating pe rmit or justification in accordance with § 74:36:05:21.01 to EPA to meet the objection within 90 days after its receipt, responsibility for issuing or denying the final permit rests with EPA.

Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, amended February 9, 1994, and effective date changed to November 15, 1994; 21 SDR 119, amended January 5, 1995, and effective date changed to March 15, 1995. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:05:23. Public petition to EPA on the final permit. When a proposed Part 70 operating permit is issued as a final permit by the EPA or the department, a person may petition the EPA in writing within 60 days after expi ration of EPA's review period specified in §§ 74:36:05:20.03 to 74:36:05:22, inclusive, to object to the issuance of a final permit. The petition may be based only on objections to the permit that were raised with reasonable specificity during the public comment period, unless the petitione r demonstrates that it was impracticable to raise such objections within the public comment period or unless the grounds for the objection arose after the public comment period. If EPA objects to the issuance of the final permit as a result of a petition, the department shall respond to EPA's objection. Upon resolution of EPA's objection, the permit shall remain the same or may be modi fied, terminated, or revoked by the department or EPA.

Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, amended February 9, 1994, and effective date changed to November 15, 1994; 21 SDR 119, amended January 5, 1995, and effective date changed to March 15, 1995. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:05:24. Affected state and EPA review required. Repealed.Source: 19 SDR 157, effective April 22, 1993; rep ealed, 20 SDR 125, effective February 9, 1994.
74:36:05:25. Transferred to § 74:36:05:20.01.
74:36:05:26. Transferred to § 74:36:05:20.02.
74:36:05:27. Transferred to § 74:36:05:16.01. 74:36:05:28. Permit expiration. Permit expiration terminates the source's right to operate under the Part 70 operating permit unless a timely and complete renewal application has been submitted to the department.

Source: 19 SDR 157, effective April 22, 1993; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.

Cross-Reference: Timely and complete application for operating permit required, § 74:36:05:08.

74:36:05:29. Permit renewal. Permits to be renewed are subject to the same procedural requirements in §§ 74:36:05:08 to 74:36:05:23, inclusiv e, as the original Part 70 operating permit issuance.

Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, effective February 9, 1994; 31 SDR 101, effective January 2, 2005. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:05:30. Permit flexibility. An operating permit issued to a Part 70 source must allow the source to make the changes listed below wit hout requiring a permit revision before the source makes those changes if the change is not a modi fication under any provision of Title I of the Clean Air Act and the change does not exceed the emissions allowable under the permit. The source must provide the department written notification as requi red in this section at least seven days in advance of the proposed changes. The source and th e department shall attach each such notice to its copy of the relevant permit. Permitted sources may make changes that do not violate any applicable requirements or contravene federally enforceable permit terms and conditions, such as monitoring, including test methods, recordkeeping, reporting; or complian ce certification requirements. For each such change, the written notice must include a brief de scription of the change within the permitted facility, the date on which the change will occur, any change in emissions, and any permit term or condition that is no longer applicable as a result of the change If a permit applicant requests it, the department must issue permits that contain terms and conditions, including all requirements under § 74:36:05:16.01, allowing for the trading of increases and decreases in the permitted facility solely for the purpose of complying with a federally enforceable emissions cap that is esta blished in the permit independent of otherwise applicable requirements. The permit applicant must include in its permit application the proposedreplicable procedures and permit terms that ensu re that the emission trades are quantifiable and enforceable. Any emission units for which emissions are not quantifiable or for which there are no replicable procedures to enforce the emission trades shall not be permitted for trading of emissions. The written notice must include, at a mi nimum, when the proposed change will occur, a description of each such change, any change in emissions, and how these increases and decreases in emissions will comply with the terms and conditions of the permit.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-12, 34A-1-21. 74:36:05:31. Permit amendment -- Application required. An amendment to a permit can be applied for at any time by the submittal of an application. The application must specify whether the requested permit revision is an administrative permit amendment, a minor permit amendment, or a permit modification. The application shall c ontain the necessary information required for an administrative permit amendment, minor permit amendment, or permit modification.

Source: 19 SDR 157, effective April 22, 1993; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:05:32. Administrative permit amendment required. An administrative permit amendment may be issued for a revision to a permit meeting the requirements of § 74:36:01:03. An application for an administrative permit amendm ent shall contain a description of the change and documentation supporting the applicant's clai m the revision qualifies as an administrative permit amendment.

Source: 19 SDR 157, effective April 22, 1993; 23 SDR 106, effective December 29, 1996; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:05:33. Procedure for administrative permit amendments. An administrative permit amendment shall be made by the department without being subject to advance notice or the procedural requirements applicable to a permit modification. The department shall take no more than 60 days from receipt of an application for an administrative permit amendment to take final action on the application. The department may make such changes without providing notice to the public or affected states if it designates any such permit revisions as being made pursuant to this section. The department shall submit a copy of the revised permit to EPA. The source may implement the changes addressed in the applica tion for an administrative amendment immediately upon submitting the application.

Source: 19 SDR 157, effective April 22, 1993. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:05:34. Minor permit amendment required. A Part 70 source may request a minor permit amendment under §§ 74:36:05:35 to 74:36:05:38, inclusive, for a change that does notconstitute a modification and is not prohibited unde r any applicable requirement under Title I of the Clean Air Act.

Source: 19 SDR 157, effective April 22, 1993; 25 SDR 123, effective April 4, 1999. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-12, 34A-1-21. 74:36:05:35. Requirements for minor permit amendments. A minor permit amendment is an amendment to an existing permit and is issued by the secretary. A minor permit amendment may be issued by the secretary if the proposed revision meets the following requirements: (1) It does not violate any applicable requirement; (2) It does not involve significant change s to existing monitoring, reporting, or record keeping requirements in the permit; (3) It does not require or change a case-by- case determination of an emission limit or other standard, a source-specific determination for tempor ary sources of ambient impacts, or a visibility or increment analysis; (4) It does not seek to establish or change a permit term or condition for which there is no corresponding underlying applicable requirement that the source has assumed to avoid an applicable requirement, a federally enforceable em issions cap assumed to avoid classification as a modification under any provision of Title I, and an alternative emissions limit approved pursuant to regulations promulgated under § 112(i)(5) of the Clean Air Act; and (5) It does not constitute a modification under Title I of the Clean Air Act.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:05:36. Application for minor permit amendment. An application for a minor permit amendment shall include the following: (1) A description of the proposed change, the resulting change in emissions, and any new applicable requirements; (2) The source's suggested draft permit; (3) Certification by a responsible official that the proposed revision meets the applicable requirements of a minor permit amendment; and (4) Completed forms for notifying EPA and any affected states.

Source: 19 SDR 157, effective April 22, 1993. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.

74:36:05:37. Notification of EPA and affected states required. The department shall notify EPA and any affected states within five working days after receipt of a complete minor permit amendment application.Source: 19 SDR 157, effective April 22, 1993. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:05:38. Department deadline to approve minor permit amendment. The department shall take the following final acti on on a proposed minor permit amendment within 90 days after receipt of a complete application for a minor permit amendment or 15 days after the end of EPA's 45-day review period, whichever is later: (1) Issue the minor permit amendment as proposed; (2) Deny the minor permit amendment application; (3) Determine that the requested minor pe rmit amendment should be processed as a permit modification; or (4) Revise the proposed minor permit ame ndment and transmit the revised amendment to EPA. The department is not required to public notice a minor permit amendment; but the final permit decision for a minor permit amendment must be submitted to EPA for a 45-day review. The department may not issue a final permit for a minor permit amendment until after EPA's 45-day review or until EPA has notified the department th at EPA will not object to the issuance of the minor permit amendment. The source may implemen t a proposed revision that is considered a minor permit amendment seven days after submitting a complete application.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.

74:36:05:39. Permit modifications. Permit modifications are subject to the same procedural requirements in §§ 74:36:05:08 to 74: 36:05:23, inclusive, as the original permit issuance, except that the required review cove rs only the proposed changes rather than the unchanged activities of the permittee.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:05:39.01. Procedures for an insignif icant increase in allowable emissions. The department shall take the following final action on the proposed insignificant increase in allowable emissions within 90 days after receipt of a comple te application for the permit revision or 15 days after the end of EPA's 45-day review period, whichever is later: (1) Issue the permit revision as proposed; (2) Deny the application for a permit revision; or (3) Determine the requested permit revision should be processed as a permit modification. The department is not required to public notice an insignificant increase in allowable emissions; but the final permit decision for an in significant increase in allowable emissions mustbe submitted to EPA for a 45-day review. The de partment may not issue a final permit for an insignificant increase in allowable emissions un til after EPA's 45-day review or until EPA has notified the department that EPA will not object to the issuance of the permit revision.

Source: 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:05:40. Reopening operating permit for cause. The department may reopen and revise an operating permit for the following reasons: (1) Additional requirements of the Clean Ai r Act become applicable to a major source subject to a Part 70 operating permit and for which three years or more remain on the term of the permit. Such reopenings or revisions shall be made not more than 18 months after the promulgation of the relevant standard or regulati ons. Such reopenings or revisions are not required if the effective date of the requirement is later than the date on which the permit is due to expire; (2) Additional requirements become applicable to an affected source under Title IV of the Clean Air Act; (3) There is a determination by the departme nt or EPA that the permit contains inaccurate statements or material mistakes in estab lishing the emission standard limitations on other requirements of the permit; or (4) The department or EPA determines that the permit must be revised or revoked to assure compliance with the applicable requirements of the Clean Air Act or this article.

Source: 19 SDR 157, effective April 22, 1993; 25 SDR 123, effective April 4, 1999; 31 SDR 101, effective January 2, 2005. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:05:41. Procedures to reopen permit. Reopening a permit shall follow the procedural requirements to issue an initial permit and shall affect only those parts of the permit for which cause to reopen exists. The department sh all follow the procedural requirements for initial permit issuance and shall notify the source at least 30 days before reopening a permit issued to the source. The department may provide a shorter notice in an emergency.

Source: 19 SDR 157, effective April 22, 1993; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:05:42. Reopening permit for cause by EPA. Within 90 days after EPA notifies the department and permittee that cause exists to terminate, revise, or revoke and reissue a permit, the department shall submit to EPA a proposed determination of termination, revision, or revocation and reissuance.

Source: 19 SDR 157, effective April 22, 1993; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21.Law Implemented: SDCL 34A-1-21. 74:36:05:43. EPA review of proposed determination. After EPA review of the proposed determination, the department has 90 days from receipt of an EPA objection to resolve the rejection.

Source: 19 SDR 157, effective April 22, 1993. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:05:44. Department failure to submit proposed determination. Department failure to submit a proposed determination within the 90-day period in § 74:36:05:42 or failure to resolve the objection in § 74:36:05:43 will result in termination, revision, or revocation and reissuance of the permit by EPA after the permittee receives 30 da ys written notice from the EPA of the reasons for the action and the permittee has an opportunity for comment and hearing by EPA on the proposed action.

Source: 19 SDR 157, effective April 22, 1993; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.

74:36:05:45. EPA's decision final action. Repealed.

Source: 19 SDR 157, effective April 22, 1993; rep ealed, 21 SDR 119, effective January 5, 1995. 74:36:05:46. Permit termination, modifi cation, revocation, and reissuance by department. The department may terminate, revise, or revoke permits for violations of the Clean Air Act or this article or for nonpayment of a f ee. Invalidation of the acid rain portion of an operating permit does not affect the continuing valid ity of the rest of the operating permit, nor does invalidation of any other portion of the opera ting permit affect the continuing validity of the acid rain portion of the permit.

Source: 19 SDR 157, effective April 22, 1993; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:05:47. Notice of operating noncompliance -- Contents. If the department determines that the operation of a source is not in compliance with the rules, statutory requirements, or permit conditions, the department may issue a notice of such findings to the permit holder or operator of the source. The notice mu st contain citations to the rules, statutes, or permit conditions violated, reference to this section, and the alleged facts upon which the determination is based. The secretary, with the c oncurrence of the alleged violator, may settle an issue of noncompliance by specifying a compliance agreement, which may include a penalty under SDCL 34A-1-39 and the date for final compliance of the source. If a compliance agreement can not be negotiated, the department may petition th e chairman of the board for a contested case hearing or may file a civil penalty or injunctive action in circuit court.Source: 2 SDR 40, effective December 7, 1975; tr ansferred from § 34:10:01:39, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:47, effective July 1, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:26:01:47, 19 SDR 157, effective April 22, 1993. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 1-26-20, 34A-1-39, 34A-1-53.

74:36:05:47.01. Circumvention of emissions not allowed. A person may not install or cause the installation or use of a device or a means which conceals or dilutes an emission of air pollutants that would otherwise violate this article or the Clean Air Act. This includes operating a source, unit, or control device which emits polluta nts into the ambient air from an opening other than the stack, vent, or equivalent opening from which they were designed to be emitted.

Source: 21 SDR 119, effective January 5, 1995. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:05:48. Petition for conteste d case on alleged violation. In accordance with § 74:36:05:47, the department may file a petition c ontaining the information required in article 74:09 to request an order directing corrective ac tion, that an enforcement hearing be scheduled pursuant to the provisions of article 74:09, or that the permit be suspended or revoked for noncompliance.

Source: 2 SDR 40, effective December 7, 1975; tr ansferred from § 34:10:01:40, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:48, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 50, eff ective October 4, 1987; transferred from § 74:26:01:48, 19 SDR 157, effective April 22, 1993. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-47, 34A-1-49. 74:36:05:49. Stack performance tests required. Repealed.

Source: 19 SDR 157, effective April 22, 1993; re pealed, 23 SDR 106, effective December 29, 1996. 74:36:05:50. Federal enforceability of permit conditions. All terms and conditions of a Part 70 operating permit issued pursuant to this article, including any provisions designed to limit a source's potential to emit, are federally enfo rceable, except those conditions imposed by the department that are not required under the Cl ean Air Act. The conditions imposed by the department that are not required under the Clean Air Act must be specifically designated as not being federally enforceable.

Source: 20 SDR 125, effective February 9, 1994; 21 SDR 119, effective January 5, 1995. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6. 74:36:05:51. General permits. The secretary may issue a ge neral permit to a category of air pollution sources that meets the following:(1) Involve the same or substantially similar types of operations; (2) Require the same or similar type of air emission limits; and (3) Require the same or similar record keeping and monitoring. If a general permit has been issued by the secretary, all sources covered by the general permit shall apply for permission to operate under the general permit. Such sources may not be constructed or operate until they are granted c overage under the general permit, or until they obtain an individual permit if required by the secretary.

Source: 30 SDR 26, effective September 1, 2003; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-21. Law Implemented: SDCL 34A-1-56.

Note: The procedural requirements for obtaini ng a general permit under this chapter are similar to the procedural requirements for a Pa rt 70 source, such as a timely and complete application, completeness review, public partic ipation, and departmental recommendation, as outlined in §§ 74:36:05:08 to 74:36:05:23, inclusive. 74:36:05:52. Secretary may require an individual permit. The secretary may require any source applying for a general permit or operating unde r a general permit to apply for and obtain an individual air quality permit. Individual air quality pe rmits may be required at the discretion of the secretary, including under the following circumstances; (1) The owner or operator is not in complian ce with the conditions of its existing individual air permit prior to applying for the general permit; or (2) The owner or operator is not in complia nce with the conditions of the general permit.

Source: 30 SDR 26, effective September 1, 2003. General Authority: SDCL 34A-1-21. Law Implemented: SDCL 34A-1-56.

CHAPTER 74:36:06

REGULATED AIR POLLUTANT EMISSIONS

Section 74:36:06:01 Applicability. 74:36:06:02 Allowable emissions for fuel-burning units. 74:36:06:03 Allowable emissions for process industry units. 74:36:06:04 Particulate emission restrictions for incinerators and waste wood burners. 74:36:06:05 Most stringent interpretation applicable. 74:36:06:06 Stack performance test. 74:36:06:07 Open burning practices prohibited.74:36:06:01. Applicability. Any unit required to be permitted under this article must comply with the standards and requirements in this chapter except as otherwise specified in chapter 74:36:07, 74:36:08, 74:36:09, 74:36:10, or 74:36:16.

Source: SL 1975, ch 16, § 1; transferred from § 34:10:07:01, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:07:01, effectiv e July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:26:07:01, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6. 74:36:06:02. Allowable emissions for fuel-burning units. An owner or operator of a fuelburning unit may not cause or permit emissions of the following regulated air pollutants from the combustion of solid, gaseous, or liquid fuels that exceed the following allowable emissions limits that apply to the fuel-burning unit: (1) Particulate matter: (a) A fuel-burning unit with heat input va lues less than 10 million Btus per hour may not exceed .6 pounds of particulate matter per million Btus of heat input; and (b) A fuel-burning unit with a heat input e qual to or greater than 10 million Btus per hour may not exceed the particulate emissions rate determined by the following equation:

E = 0.811H -0.131 , where E = the allowable particulate emissions rate in pounds per million Btus of heat input and H = heat input in millions of Btus per hour; (2) Sulfur dioxide: A fuel-burning unit may not emit sulfur dioxide emissions to the ambient air in an amount greater than three pounds of sulfur dioxide per million Btus of heat input to the unit based on a three-hour rolling average, which is the arithmetic average of three contiguous one-hour periods.

Source: SL 1975, ch 16, § 1; transferred from § 34:10:07:03, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:07:03, effective July 1, 1981; 11 SDR 151, effective May 12, 1985; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferre d from §§ 74:26:06:02.01 and 74:26:07:03, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effectiv e January 5, 1995; 25 SDR 123, effective April 4, 1999. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6. 74:36:06:03. Allowable emissions for process industry units. An owner or operator who operates a process industry unit may not cause or permit emissions of the following regulated air pollutants from any unit in excess of the amount expressed in the equation allocated to the unit listed in this section:(1) Particulate matter: (a) The allowable particulate emissions rate for process industry units with process weight rates up to 60,000 pounds per hour shall be determined by use of the following equation:

E = 4.10 x P 0.67 , and (b) The allowable particulate emissions rate for process industry units with process weight rates in excess of 60,000 pounds per hour sh all be determined by use of the following equation:
E = [55.0 x P 0.11 ] - 40, where E = the rate of emission in pounds per hour and P = process weight rate in tons per hour; (2) Sulfur dioxide: A process unit which uses combustible fuel may not emit sulfur dioxide emissions to the ambient air in an amount greater than three pounds of sulfur dioxide per million Btus of heat input to the unit based on a three-hour rolling average, which is the arithmetic average of three contiguous one-hour periods.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from §§ 34:10:06:08 and 34:10:07:03, 7 SDR 4, effective July 27, 1980; transferred from §§ 44:10:06:05 and 44:10:07:03, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from §§ 74:26:06:05 and 74:26:07: 03, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.

74:36:06:04. Particulate emission restricti ons for incinerators and waste wood burners. An owner or operator may not cause or pe rmit an incinerator or wood waste burner to emit a regulated air pollutant of a density greater than that designated as 20 percent opacity. No other emission limits apply to these sources except those in chapters 74:36:07 and 74:36:08.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:06:01, 7 SDR 4, effective July 27, 1980; tran sferred from § 44:10:06:01, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:06:01, 19 SDR 157, effective April 22, 1993; 31 SDR 101, effective January 2, 2005. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6. 74:36:06:05. Most stringent interpretation applicable. If the nature of any unit or the design of any equipment permits more than one in terpretation of the limits of this chapter, the interpretation that results in the most stringent value for the allowable emissions shall apply.Source: SL 1975, ch 16, §1; 2 SDR 40, effectiv e December 7, 1975; transferred from § 34:10:06:10, 7 SDR 4, effective July 27, 1980; tran sferred from § 44:10:06:07, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:06:07, 19 SDR 157, effective April 22, 1993. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6. 74:36:06:06. Stack performance test. A unit subject to this chapter must follow the requirements in chapter 74:36:11 for stack performan ce tests. A stack performance test is required under the following conditions: (1) A new unit or modification of an existi ng source with the potential to emit any of the regulated pollutants greater than 100 tons per y ear shall conduct a stack performance test to determine compliance with the applicable standard; (2) A unit that emits any regulated pollutants may be required to conduct a stack performance test to determine compliance with all applicable emission standards upon renewal of a permit to operate or at the discretion of the secretary.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:05:02, 7 SDR 4, effective July 27, 1980; tran sferred from § 44:10:05:02, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:26:05:02, 19 SDR 157, effective April 22, 1993; 31 SDR 101, effective January 2, 2005. General Authority: SDCL 34A-1-6, 34A-1-12. Law Implemented: SDCL 34A-1-12. 74:36:06:07. Open burning practices prohibited. The following open burning practices are prohibited: (1) A person may not burn waste oils, rubber, waste tires, tarpaper, or asphalt shingles. For the purposes of this subdivision, waste oil means any oil that has been refined from crude oil, used, or contaminated by physical or chemical impuritie s. An exception for crude oil is allowed as a remediation alternative for soils contaminated w ith crude oil if a person submits the information requested in § 74:10:05:11.04 and the secretary approves the alternative remediation process; (2) A municipality or county governmental agency may not burn municipal solid waste unless exempted by the small town exemption in accordance with § 74:27:12:25; (3) A person may not conduct or permit the operation of a salvage operation by open burning, except as allowed in article 74:27; and (4) A person may not burn railroad ties or wood treated with inorganic arsenicals, pentacholorophenol, or creosols. Open burning of any other material must be conducted in accordance with all applicable local ordinances and state laws and rules.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from §§ 34:10:04:02 and 34:10:04:08, 7 SDR 4, effective July 27, 1980; transferred from§§ 44:10:04:02 and 44:10:04:08, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; tran sferred from §§ 74:26:04:02 and 74:26:04:08, 19 SDR 157, effective April 22, 1993; 21 SDR 119, e ffective January 5, 1995; transferred from § 74:36:15:01, 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999. General Authority: SDCL 34A-1-6, 34A-1-18. Law Implemented: SDCL 34A-1-18.

Cross-References: Promulgation of rules -- Factors for consideration -- Scope -- Open burning, SDCL 34A-6-1.6; Open bur ning restrictions, § 74:27:13:11.

CHAPTER 74:36:07

NEW SOURCE PERFORMANCE STANDARDS

Section 74:36:07:01 New source performance standards. 74:36:07:02 Standards of performance for fossil fuel-fired steam generators. 74:36:07:03 Standards of performance for electric utility steam generators. 74:36:07:04 Standards of performance for indus trial, commercial, and institutional steam generating units. 74:36:07:05 Standards of performance for small industrial, commercial, and institutional steam generating units. 74:36:07:06 Standards of performance for incinerators. 74:36:07:06.01 Standards of performance for hospital/medical/infectious waste incinerators constructed on or before June 20, 1996. 74:36:07:06.02 Standards of performance for hospita l/medical/infectious waste incinerators for which construction is commenced after June 20, 1996. 74:36:07:07 Standards of performance for municipal waste combustors. 74:36:07:07.01 Standards of performance for munici pal combustors constructed after September 20, 1994. 74:36:07:08 Ash disposal requirements. 74:36:07:09 Standards of performance for portland cement plants. 74:36:07:10 Standards of performance for asphalt concrete plants. 74:36:07:11 Repealed. 74:36:07:12 Standards of performance for storag e vessels of petroleum liquids constructed after June 11, 1973, and before May 19, 1978. 74:36:07:13 Standards of performance for storag e vessels of petroleum liquids constructed after May 18, 1978, and before July 24, 1984. 74:36:07:14 Standards of performance for vola tile organic liquid storage vessels (including petroleum liquid storage vessels) for which construction, reconstruction, or modification commenced after July 23, 1984. 74:36:07:15 Standards of performance for sewage treatment plants. 74:36:07:16 Standards of performance for coal preparation plants. 74:36:07:17 Standards of performance for grain elevators. 74:36:07:18 Standards of performance for stationary gas turbines. 74:36:07:19 Standards of performance for lime manufacturing plants. 74:36:07:20 Standards of performance for metallic mineral processing plants.74:36:07:21 Standards of performance for pressu re-sensitive tape and label surface coating operations. 74:36:07:22 Standards of performance for equipm ent leaks of VOC in the synthetic organic chemicals manufacturing industry. 74:36:07:22.01 Standards of performance for equipm ent leaks of VOC in the synthetic organic chemicals manufacturing industry for wh ich construction, reconstruction, or modification commenced after November 7, 2006. 74:36:07:23 Standards of performance for bulk gasoline terminals. 74:36:07:24 Standards of performance for new residential wood heaters. 74:36:07:25 Standards of performance for petroleum dry cleaners. 74:36:07:26 Standards of performance for VOC emissions from synthetic organic chemical manufacturing industry (SOCMI) distillation operations. 74:36:07:27 Standards of performance for nonmetallic mineral processing plants. 74:36:07:28 Standards of performance for magnetic tape coating facilities. 74:36:07:29 Operating requirements for wire reclamation furnaces. 74:36:07:30 Monitoring requirements for wire reclamation furnaces. 74:36:07:31 Standards of performance for gra phic arts industry -- Publication rotogravure printing. 74:36:07:32 Standards of performance for vola tile organic compound emissions from synthetic organic chemical manufacturing industry (SOCMI) reactor processes. 74:36:07:33 Standards of performance for calciners and dryers in mineral industries. 74:36:07:34 Existing municipal solid waste landfill. 74:36:07:35 Plan submittal by existing municipal solid waste landfills. 74:36:07:36 Collection system. 74:36:07:37 Control system. 74:36:07:38 Compliance schedule for existing municipal solid waste landfills. 74:36:07:39 Existing municipal solid waste la ndfill operational standards for collection and control systems. 74:36:07:40 Existing municipal solid waste landfill compliance provisions. 74:36:07:41 Existing municipal solid waste landfill monitoring provisions. 74:36:07:42 Existing municipal solid waste landfill reporting and recordkeeping. 74:36:07:42.01 Additional reporting for existing municipal solid waste landfills. 74:36:07:43 Standards of performance for new municipal solid waste landfills. 74:36:07:44 Standards of performance for nitric acid plants. 74:36:07:45 Standards of performance for sulfuric acid plants. 74:36:07:46 Standards of performance for petroleum refineries. 74:36:07:46.01 Standards of performance for petr oleum refineries for which construction, reconstruction, or modification commenced after May 14, 2007. 74:36:07:47 Standards of performance for secondary lead smelters. 74:36:07:48 Standards of performance for s econdary brass and bronze production plants. 74:36:07:49 Standards of performance for pr imary emissions from basic oxygen process furnaces for which construction commenced after June 11, 1973. 74:36:07:50 Standards of performance for s econdary emissions from basic oxygen process steelmaking facilities for which construction commenced after January 20, 1983. 74:36:07:51 Standards of performance for primary copper smelter. 74:36:07:52 Standards of performance for primary zinc smelter. 74:36:07:53 Standards of performance for primary lead smelter. 74:36:07:54 Standards of performance for primary aluminum reduction plant.74:36:07:55 Standards of performance for wet-process phosphoric acid plant. 74:36:07:56 Standards of performance for superphosphoric acid plant. 74:36:07:57 Standards of performance for diammonium phosphate plant. 74:36:07:58 Standards of performance for triple superphosphate plant. 74:36:07:59 Standards of performance for gra nular triple superphosphate storage facility. 74:36:07:60 Standards of performance for ferroalloy production plant. 74:36:07:61 Standards of performance for electric arc furnaces and argon-oxygen decarburization vessels constructed after August 17, 1983. 74:36:07:62 Standards of performance for kraft pulp mills. 74:36:07:63 Standards of performance for glass manufacturing plant. 74:36:07:64 Standards of performance for surface coating of metal furniture. 74:36:07:65 Standards of performance for lead-acid battery manufacturing plant. 74:36:07:66 Standards of performance for auto mobile and light duty truck surface coating operations. 74:36:07:67 Standards of performance for phosphate rock plants. 74:36:07:68 Standards of performance for ammonium sulfate manufacture. 74:36:07:69 Standards of performance for industrial surface coating -- Large appliances. 74:36:07:70 Standards of performance for metal coil surface coating. 74:36:07:71 Standards of performance for aspha lt processing and asphalt roofing manufacture. 74:36:07:72 Standards of performance for beverage can surface coating industry. 74:36:07:73 Standards of performance for rubber tire manufacturing industry. 74:36:07:74 Standards of performance for vola tile organic compound emissions from polymer manufacturing industry. 74:36:07:75 Standards of performance for flexib le vinyl and urethane coating and printing. 74:36:07:76 Standards of performance for equipm ent leaks of VOC in petroleum refineries. 74:36:07:76.01 Standards of performance for equipm ent leaks of VOC in petroleum refineries. 74:36:07:77 Standards of performance for synthetic fiber production facility. 74:36:07:78 Standards of performance for VOC emissions from synthetic organic chemical manufacturing industry air oxidation unit process. 74:36:07:79 Standards of performance for equipment leaks of VOC from onshore natural gas processing plant. 74:36:07:80 Standards of performance for onshore natural gas processing. 74:36:07:81 Standards of performance for wool fiberglass insulation manufacturing plant. 74:36:07:82 Standards of performance for VOC em issions from petroleum refinery wastewater system. 74:36:07:83 Standards of performance for indus trial surface coating -- Surface coating of plastic parts for business machines. 74:36:07:84 Standards of performance for polymer ic coating of supporting substrates facility. 74:36:07:85 Standards of performance for sma ll municipal waste combustion units for which construction commenced after A ugust 30, 1999, or modification or reconstruction commenced after June 6, 2001. 74:36:07:86 Standards of performance for comme rcial and industrial solid waste incineration units for which construction commenced after November 30, 1999, or modification or reconstruction commenced on or after June 1, 2001. 74:36:07:87 Standards of performance for othe r solid waste incineration units for which construction commenced after D ecember 9, 2004, or modification or reconstruction commenced on or after June 16, 2006. 74:36:07:88 Standards of performance for stati onary compression ignition internal combustion engines.74:36:07:89 Standards of performance for stationary combustion turbines. 74:36:07:90 Standards of performance for sta tionary spark ignition internal combustion engines. 74:36:07:91 Standards of performance for n itric acid plants for which construction, reconstruction, or modification commenced after October 14, 2011. 74:36:07:92 Standards of performance fo r new sewage sludge incineration units. 74:36:07:93 Standards of performance for crude oil and natural gas production, transmission and distribution.

74:36:07:01. New source performance standards. The general provisions for new source performance standards are those in 40 C.F.R. §§ 60.1 to 60.19, inclusive, (July 1, 2014). For the purposes of this chapter, "administrator" mean s the secretary, except for those authorities that cannot be delegated to the state, in which case "a dministrator" means both the administrator of the Environmental Protection Agency and the secretary.

Source: 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transfe rred from § 74:26:08:43, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SD R 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effec tive June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:02. Standards of performance fo r fossil fuel-fired steam generators. The standards of performance for fossil fuel-fired st eam generators are those in 40 C.F.R. §§ 60.40 to 60.46, inclusive, (July 1, 2014).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:09:07, 19 SDR 157, e ffective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective Decembe r 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SD R 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:03. Standards of performance for electric utility steam generators. The standards of performance for electric utility steam generators are those in 40 C.F.R. § 60, Subpart Da (July 1, 2014).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:10:15, 19 SDR 157, e ffective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective Decembe r 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SD R 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015.General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:04. Standards of performance for industrial, commercial, and institutional steam generating units. The standards of performance for industrial, commercial, and institutional steam generating units are those in 40 C.F.R. §§ 60.40b to 60.49b, inclusive, (July 1, 2014).

Source: 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:24:01, 19 SDR 157, e ffective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective Decembe r 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SD R 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:05. Standards of performance for small industrial, commercial, and institutional steam generating units. The standards of performance for small industrial, commercial, and institutional steam generating units are those in 40 C.F.R. §§ 60.40c to 60.48c, inclusive, (July 1, 2014). A source that operate s a unit subject to 40 C.F.R. §§ 60.40c to 60.48c, inclusive, (July 1, 2014) is exempt from the obligation to obtain a Part 70 operating permit, if the source burns solely natural gas or propane and is not required to obtain a Part 70 operating permit for a reason other than the source is subject to 40 C.F.R. §§ 60.40c to 60.48c, inclusive, (July 1, 2014). Exempted sources must still meet the app licable requirements in 40 C.F.R. §§ 60.40c to 60.48c, inclusive, (July 1, 2014).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SD R 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effectiv e January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:06. Standards of performance for incinerators. The standards of performance for incinerators are those in 40 C.F.R. §§ 60.50 to 60.54, inclusive, (July 1, 2014).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:11:06, 19 SDR 157, e ffective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective Decembe r 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:06.01. Standards of performance fo r hospital/medical/infectious waste incinerators constructed on or before June 20, 1996. 40 C.F.R. Part 60, Subpart Ce (July 1,2014), is incorporated into this rule by refere nce. Designated facilities under Subpart Ce shall comply with the requirements for state plan a pproval in 40 C.F.R. §§ 60.32e to 60.38e, inclusive, (July 1, 2014). The owner or operator of a hospital/medical/in fectious waste incinerator constructed on or before June 20, 1996, that decides to cease operation shall notify the department within six months of EPA's approval of the state plan for hospital/m edical/infectious waste incinerators. The written notification shall inform the department of wh en the unit will be shutdown. The shutdown date may not exceed one year after EP A's approval of the state plan for hospital/medical/infectious waste incinerators. The owner or operator of a hospital/medical/in fectious waste incinerator constructed on or before June 20, 1996, that decides to comply with the requirements of this section shall submit a compliance plan within six months of state plan approval that meets the following deadlines: (1) Submit a Part 70 operating permit applica tion and design drawings of the air pollution control device to the department within one year of state plan approval; (2) Submit a copy of the purchase order or ot her documentation indicating an order has been placed for the major components of the air pollution control device within 15 months of state plan approval; (3) Begin initiation of site preparation for installation of the air pollution control device within 2 years after state plan approval; (4) Complete installation of the air polluti on control device within 30 months after state plan approval; and (5) Conduct a performance test within 33 months after state plan approval. The owner or operator shall comply with 40 C.F.R. §§ 60.34e and 60.36e (July 1, 2014) within one year after state plan approval. The ow ner or operator shall comply with the remaining requirements in this section within three year s after state plan approval or by September 15, 2002, whichever is earlier.

Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, eff ective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:06.02. Standards of performance fo r hospital/medical/infectious waste incinerators for which construction is commenced after June 20, 1996. The standards of performance for hospital/medical/infectious waste incinerators constructed after June 20, 1996, are those in 40 C.F.R. §§ 60.50c to 60.58c (July 1, 2014).

Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, eff ective January 2, 2005; 32 SDR 209, effectiveJune 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:07. Standards of performan ce for municipal waste combustors. The standards of performance for municipal waste combusto rs are those in 40 C.F.R. §§ 60.50a to 60.59a, inclusive, (July 1, 2014).

Source: 17 SDR 69, effective November 22, 1990; 17 SDR 170, effective May 13, 1991; 18 SDR 90, effective November 24, 1991; transfe rred from § 74:26:26:01, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SD R 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effec tive June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:07.01. Standards of performance for municipal combustors constructed after September 20, 1994. The standards of performance for m unicipal waste combustors constructed after September 20, 1994, or modified or reconstr ucted after June 19, 1996, are those in 40 C.F.R. §§ 60.50b to 60.59b, inclusive, (July 1, 2014).

Source: 23 SDR 106, effective December 29. 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effectiv e June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:08. Ash disposal requirements. All ash generated at a municipal waste combustor must be disposed of in accordance with article 74:27.

Source: 17 SDR 69, effective November 22, 1990; transferred from § 74:26:26:02, 19 SDR 157, effective April 22, 1993; 23 SDR 106, effective December 29, 1996. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:09. Standards of performance for portland cement plants. The standards of performance for portland cement plants are those in 40 C.F.R. §§ 60.60 to 60.66, inclusive, (July 1, 2014).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:12:06, 19 SDR 157, e ffective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective Decembe r 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SD R 101, effective January 2, 2005; 32 SDR 209,effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:10. Standards of performan ce for asphalt concrete plants. The standards of performance for asphalt concrete plants are t hose in 40 C.F.R. §§ 60.90 to 60.93, inclusive, (July 1, 2014).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:13:05, 19 SDR 157, e ffective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective Decembe r 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:11. Additional permit requirements for asphalt plants. Repealed.

Source: 7SDR 4, effective July 27, 1980; transfe rred from § 44:10:01:29, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:26:01:29, 19 SDR 157, effective April 22, 1993; repealed, 25 SDR 123, effective April 4, 1999. 74:36:07:12. Standards of performance for storage vessels of petroleum liquids constructed after June 11, 1973, and before May 19, 1978. The standards of performance for storage vessels of petroleum liquids construc ted after June 11, 1973, and before May 19, 1978, are those in 40 C.F.R. §§ 60.110 to 60.113, inclusive, (July 1, 2014). A source that operates a unit subject to 40 C.F.R. §§ 60.110 to 60.113, inclusive, (J uly 1, 2014) is exempt from the obligation to obtain a Part 70 operating permit if the unit is not re quired to install controls and if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to 40 C.F.R. §§ 60.110 to 60.113, inclusive, (July 1, 2014) . Exempted sources must still meet the applicable requirements in 40 C.F.R. §§ 60.110 to 60.113, inclusive, (July 1, 2014).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:14:05, 19 SDR 157, e ffective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective Decembe r 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:13. Standards of performance for storage vessels of petroleum liquids constructed after May 18, 1978, and before July 24, 1984. The standards of performance for storage vessels of petroleum liquids construc ted after May 18, 1978, and before July 24, 1984, are those in 40 C.F.R. §§ 60.110a to 60.115a, inclusive, (July 1, 2014). A source that operates a unit subject to 40 C.F.R. §§ 60.110a to 60.115a, inclusive, (July 1, 2014) is exempt from the obligation to obtain a Part 70 operating permit if the unit is not required to install controls and if the source isnot required to obtain a Part 70 operating permit for a reason other than the source is subject to 40 C.F.R. §§ 60.110a to 60.115a, inclusive, (July 1, 2014). Exempted sources must still meet the applicable requirements in 40 C.F.R. §§ 60.110a to 60.115a, inclusive, (July 1, 2014).

Source: 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transfe rred from § 74:26:20:19, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effectiv e June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:14. Standards of performance for volatile organic liquid storage vessels (including petroleum liquid storage vessels) for which construction, reconstruction, or modification commenced after July 23, 1984. The standards of performance for volatile organic liquid storage vessels (including petroleum li quid storage vessels) for which construction, reconstruction, or modification commenced af ter July 23, 1984, are those in 40 C.F.R. §§ 60.110b to 60.117b, inclusive, (July 1, 2014). A source that operates a unit subject to 40 C.F.R. §§ 60.110b to 60.117b, inclusive, (July 1, 2014) is exempt from the obligation to obtain a Part 70 operating permit if the unit is not required to install controls and if the source is not required to obtain a Part 70 operating permit for a reason other than th e source is subject to 40 C.F.R. §§ 60.110b to 60.117b, inclusive, (July 1, 2014). Exempted sources must still meet the applicable requirements in 40 C.F.R. §§ 60.110b to 60.117b, inclusive, (July 1, 2014).

Source: 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:25:01, 19 SDR 157, e ffective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective Decembe r 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SD R 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:15. Standards of performan ce for sewage treatment plants. The standards of performance for sewage treatment plants ar e those in 40 C.F.R. §§ 60.150 to 60.156, inclusive, (July 1, 2014).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:15:06, 19 SDR 157, e ffective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective Decembe r 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:16. Standards of performance for coal preparation plants. The standards of performance for coal preparation plants are those in 40 C.F.R. § 60, Subpart Y (July 1, 2014).Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:16:06, 19 SDR 157, e ffective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective Decembe r 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:17. Standards of perf ormance for grain elevators. The standards of performance for grain elevators are those in 40 C.F.R. §§ 60.300 to 60.304, inclusive, (July 1, 2014). A source subject to 40 C.F.R. §§ 60.300 to 60.304, inclusive, (July 1, 2014) is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to 40 C.F.R. §§ 60.300 to 60.304, inclusive, (July 1, 2014). Exempted sources must still meet the applicable requirements in 40 C.F.R. § 60.300 to 60.304, inclusive, (July 1, 2014).

Source: 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transfe rred from § 74:26:17:06, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effectiv e June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:18. Standards of performan ce for stationary gas turbines. The standards of performance for stationary gas turbines are t hose in 40 C.F.R. §§ 60.330 to 60.335, inclusive, (July 1, 2014).

Source: 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transfe rred from § 74:26:19:07, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effectiv e June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:19. Standards of performan ce for lime manufacturing plants. The standards of performance for lime manufacturing plants are those in 40 C.F.R. §§ 60.340 to 60.344, inclusive, (July 1, 2014).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:18:10, 19 SDR 157, e ffective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective Decembe r 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217,effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:20. Standards of performance fo r metallic mineral processing plants. The standards of performance for metallic mineral processing plants are those in 40 C.F.R. §§ 60.380 to 60.386, inclusive, (July 1, 2014).

Source: 11 SDR 151, effective May 12, 1985; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:21:02, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effectiv e June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:21. Standards of performance for p ressure-sensitive tape and label surface coating operations. The standards of performance for pressure-sensitive tape and label surface coating operations are those in 40 C.F.R. §§ 60.440 to 60.447, inclusive, (July 1, 2014).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effectiv e June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:22. Standards of performance for e quipment leaks of VOC in the synthetic organic chemicals manufacturing industry. The standards of performance for equipment leaks of VOC in the synthetic organic chemicals manufacturing industry are those in 40 C.F.R. §§ 60.480 to 60.489, inclusive, (July 1, 2014).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SD R 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effectiv e January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:22.01. Standards of performance for e quipment leaks of VOC in the synthetic organic chemicals manufacturing industry fo r which construction, reconstruction, or modification commenced after November 7, 2006. The standards of performance for equipment leaks of VOC in the synthetic organic chemi cals manufacturing industry, for which construction,reconstruction, or modification commenced afte r November 7, 2006, are those in 40 C.F.R. § 60, Subpart VVa (July 1, 2014).

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:23. Standards of performance for bulk gasoline terminals. The standards of performance for bulk gasoline terminals are those in 40 C.F.R. §§ 60.500 to 60.506, inclusive, (July 1, 2014).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SD R 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effectiv e January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:24. Standards of performance for new residential wood heaters. The standards of performance for new residential wood heaters are those in 40 C.F.R. §§ 60.530 to 60.539b, inclusive, (July 1, 2014).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SD R 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effectiv e January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:25. Standards of performance for petroleum dry cleaners. The standards of performance for petroleum dry cleaners are those in 40 C.F.R. §§ 60.620 to 60.625, inclusive, (July 1, 2014). A source subject to 40 C.F.R. §§ 60.620 to 60.625, inclusive, (July 1, 2014) is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to 40 C.F.R. §§ 60.620 to 60.625, inclusive, (July 1, 2014). Exempted sources must still meet the applicable requirements in 40 C.F.R. §§ 60.620 to 60.625, inclusive, (July 1, 2014).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effectiv e June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.74:36:07:26. Standards of performance for VOC emissions from synthetic organic chemical manufacturing industry (SOCMI) distillation operations. The standards of performance for VOC emissions from synthe tic organic chemical manufacturing industry (SOCMI) distillation operations are those in 40 C.F.R. §§ 60.660 to 60.668, inclusive, (July 1, 2014).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SD R 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effectiv e January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:27. Standards of performance for nonmetallic mineral processing plants. The standards of performance for nonmetallic minera l processing plants are those in 40 C.F.R. §§ 60.670 to 60.676, inclusive, (July 1, 2014).

Source: 12 SDR 183, effective May 21, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:23:02, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SD R 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effectiv e January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:28. Standards of performance fo r magnetic tape coating facilities. The standards of performance for magnetic tape co ating facilities are those in 40 C.F.R. §§ 60.710 to 60.718, inclusive, (July 1, 2014).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SD R 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effectiv e January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:29. Operating requirements for wire reclamation furnaces. New wire reclamation furnaces shall be equipped with a s econdary chamber or afterburner which provides for turbulent mixing and a two-second residence time at 2200 degrees Fahrenheit or greater. New wire reclamation furnaces shall meet app licable emission standards during all phases of operation, and the secondary combustion chamber or combustion zone temperature shall be maintained at required levels until waste is completely combusted.

Source: 19 SDR 157, effective April 22, 1993.General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:30. Monitoring requirements for wire reclamation furnaces. An owner or operator of a new regulated wire reclamation furn ace shall install, calibrate, operate, and maintain devices which continuously monitor and record the temperature of gases leaving the secondary or final combustion chamber. Such devices must ha ve an accuracy of plus or minus 25 degrees Fahrenheit. Flames from the burners may not impact the temperature sensors.

Source: 19 SDR 157, effective April 22, 1993. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-11. 74:36:07:31. Standards of performance fo r graphic arts industry -- Publication rotogravure printing. The standards of performance for pub lication rotogravure printing in the graphic arts industry are those in 40 C.F.R. §§ 60.430 to 60.435, inclusive, (July 1, 2014).

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SD R 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:32. Standards of performance for volatile organic compound emissions from synthetic organic chemical manufacturing industry (SOCMI) reactor processes. The standards of performance for volatile organi c compound emissions from synthetic organic chemical manufacturing industry reactor processe s are those in 40 C.F.R. § 60, Subpart RRR (July 1, 2014).

Source: 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SD R 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:33. Standards of performance for ca lciners and dryers in mineral industries. The standards of performance for calciners and drye rs in mineral industries are those in 40 C.F.R. § 60, Subpart UUU (July 1, 2014).

Source: 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.74:36:07:34. Existing municipal solid waste landfill. The owner or operator of an existing municipal solid waste landfill that meets the following conditions shall comply with §§ 74:36:07:35 to 74:36:07:42, inclusive: (1) The landfill has accepted waste at any time since November 8, 1987, or has additional design capacity available for future waste deposition; (2) The landfill has a design capacity greater than or equal to 2.5 million megagrams and 2.5 million cubic meters. The landfill may calculate design capacity either in megagrams or cubic meters. Density conversions must be documented and submitted with the report; and (3) The landfill has a nonmethane organic co mpound emission rate of 50 megagrams a year or more. The calculation of the landfill nonmetha ne organic compound emission rate must meet the requirements of 40 C.F.R. § 60.754 (July 1, 2014), to determine the landfill nonmethane organic compound emission rate.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effectiv e June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 209, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:35. Plan submittal by existing municipal solid waste landfills. The owner or operator of an existing municipal solid waste la ndfill that meets the requirements of § 74:36:07:34 shall submit a plan within one year of the fi rst annual report showing the nonmethane organic compound emissions equal or exceed 50 megagrams a year. The plan must be prepared by a professional engineer and contain a collection a nd control system and a compliance schedule that meets § 74:36:07:38. The plan must be approve d by the department in accordance with §§ 74:36:07:36 to 74:36:07:38, inclusive.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:36. Collection system. The department shall approve the collection and control system plan if it is equivalent to or meets the conditions provided in 40 C.F.R. § 60.752(b)(2)(ii) (July 1, 2014), and the control requirements in § 74:36:07:37.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effectiv e June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.74:36:07:37. Control system. The department shall approve the control system if it is equivalent to or meets one of the following requirements: (1) An open flare designed and operated in acco rdance with the parameters established in 40 C.F.R. § 60.18 (July 1, 2014); (2) A control system designed and opera ted to reduce nonmethane organic compounds by 98 percent by weight; or (3) An enclosed combustor designed and operated to either reduce nonmethane organic compounds by 98 percent by weight or the outlet nonmethane organic compound concentration to 20 parts per million as hexane by volume, dry basis at three percent oxygen, or less.

Source: 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SD R 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:38. Compliance schedule for existing municipal solid waste landfills. The owner or operator of an existing municipal solid waste landfill that meets the requirements of § 74:36:07:34 must meet the following compliance dates: (1) Award contracts within 15 months of the first annual report showing the nonmethane organic compound emissions equal or exceed 50 megagrams a year; (2) Begin construction within 18 months of the first annual report showing the nonmethane organic compound emissions equal or exceed 50 megagrams a year; (3) Complete construction within 30 mont hs of the first annual report showing the nonmethane organic compound emissions equal or exceed 50 megagrams a year; and (4) Demonstrate compliance with all applicab le requirements within 180 days of completing construction.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:39. Existing municipal solid wa ste landfill operational standards for collection and control systems. The owner or operator of an existing municipal solid waste landfill that meets the requirements of § 74:36: 07:34 shall meet the operational standards for collection and control systems in 40 C.F.R. § 60.753 (July 1, 2014).

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effectiv e June 13, 2006; 33 SDR 217, effective June 13,2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:40. Existing municipal solid waste landfill compliance provisions. The owner or operator of an existing municipal solid waste landfill that meets the requirements of § 74:36:07:34 shall meet the compliance provisions in 40 C.F.R. § 60.755 (July 1, 2014).

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effectiv e June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:41. Existing municipal solid waste landfill monitoring provisions. The owner or operator of an existing municipal solid waste landfill that meets the requirements of § 74:36:07:34 shall meet the monitoring provisions in 40 C.F.R. § 60.756 (July 1, 2014).

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effectiv e June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:42. Existing municipal solid wa ste landfill reporting and recordkeeping. The owner or operator of an existing municipal solid waste landfill that meets the requirements of § 74:36:07:34 shall meet the reporting and recor dkeeping requirements specified in 40 C.F.R. §§ 60.757 and 60.758 (July 1, 2014).

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effectiv e June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:42.01. Additional reporting for existing municipal solid waste landfills. The owner or operator of an existing municipal solid waste landfill that meets the requirements of subdivisions 74:36:07:34(1) and (2) shall s ubmit an initial nonmethane organic compound emission rate report within 90 days of the effective date of EPA's approval of the state's § 111(d) plan required in the Clean Air Act and annually or every five years thereafter in accordance with 40 C.F.R. § 60.757(b) (July 1, 2014).Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, eff ective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18 74:36:07:43. Standards of performance fo r new municipal solid waste landfills. The standards of performance for municipal solid waste landfills that commenced construction, reconstruction, or modification on or after May 29, 1991, are those in 40 C.F.R. §§ 60.751 to 60.759, inclusive, (July 1, 2014). Physical or operati onal changes made to existing municipal solid waste landfills solely to comply with §§ 74: 36:07:34 to 74:36:07:42, inclusive, or activities required by or conducted pursuant to a CERCLA, RCRA, or state reme dial action are not considered construction, reconstruction, or modification for purposes of this section.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effectiv e June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:44. Standards of performa nce for nitric acid plants. The standards of performance for nitric acid plants are those in 40 C.F.R. §§ 60.70 to 60.74, inclusive, (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:45. Standards of performa nce for sulfuric acid plants. The standards of performance for sulfuric acid plants are thos e in 40 C.F.R. §§ 60.80 to 60.85, inclusive, (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:46. Standards of performance for petroleum refineries. The standards of performance for petroleum refineries are t hose in 40 C.F.R. § 60, Subpart J (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.74:36:07:46.01. Standards of performance for petroleum refineries for which construction, reconstruction, or modification commenced after May 14, 2007. The standards of performance for petroleum refineries for wh ich construction, reconstruction, or modification commenced after May 14, 2007, are those in 40 C.F.R. § 60, Subpart Ja, (July 1, 2014).

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:47. Standards of performance for secondary lead smelters. The standards of performance for secondary lead smelters ar e those in 40 C.F.R. §§ 60.120 to 60.123, inclusive, (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:48. Standards of performance for secondary brass and bronze production plants. The standards of performance for secondary brass and bronze production plants are those in 40 C.F.R. §§ 60.130 to 60.133, inclusive, (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:49. Standards of performance fo r primary emissions from basic oxygen process furnaces for which construction commenced after June 11, 1973. The standards of performance for basic oxygen process furnaces are those in 40 C.F.R. §§ 60.140 to 60.144, inclusive, (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:50. Standards of performance fo r secondary emissions from basic oxygen process steelmaking facilities for which co nstruction commenced after January 20, 1983. The standards of performance for basic oxygen proce ss steelmaking facilities are those in 40 C.F.R. §§ 60.140a to 60.145a, inclusive, (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.74:36:07:51. Standards of performance for primary copper smelter. The standards of performance for primary copper smelters are those in 40 C.F.R. §§ 60.160 to 60.166, inclusive, (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:52. Standards of performance for primary zinc smelter. The standards of performance for primary zinc smelters are those in 40 C.F.R. §§ 60.170 to 60.176, inclusive, (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:53. Standards of performance for primary lead smelter. The standards of performance for primary lead smelters are those in 40 C.F.R. §§ 60.180 to 60.186, inclusive, (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:54. Standards of performance fo r primary aluminum reduction plant. The standards of performance for primary aluminum reduction plants are those in 40 C.F.R. §§ 60.190 to 60.195, inclusive, (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:55. Standards of performance for wet-process phosphoric acid plant. The standards of performance for wet-process phosphoric acid plants are those in 40 C.F.R. §§ 60.200 to 60.204, inclusive, (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:56. Standards of performance for superphosphoric acid plant. The standards of performance for superphosphoric acid pl ants are those in 40 C.F.R. §§ 60.210 to 60.214, inclusive, (July 1, 2014).Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:57. Standards of performan ce for diammonium phosphate plant. The standards of performance for diammonium phospha te plants are those in 40 C.F.R. §§ 60.220 to 60.224, inclusive, (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:58. Standards of performance for triple superphosphate plant. The standards of performance for triple superphosphate plants are those in 40 C.F.R. §§ 60.230 to 60.234, inclusive, (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:59. Standards of performance for gr anular triple superphosphate storage facility. The standards of performance for granular triple superphosphate storage facilities are those in 40 C.F.R. §§ 60.240 to 60.244, inclusive, (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:60. Standards of performan ce for ferroalloy production plant. The standards of performance for ferroalloy production pl ants are those in 40 C.F.R. §§ 60.260 to 60.266, inclusive, (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:61. Standards of performance fo r electric arc furnaces and argon-oxygen decarburization vessels constructed after August 17, 1983. The standards of performance for electric arc furnaces and argon-oxygen decarburiza tion vessels are those in 40 C.F.R. §§ 60.270a to 60.276a, inclusive, (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6.Law Implemented: SDCL 34A-1-18. 74:36:07:62. Standards of performance for kraft pulp mills. The standards of performance for kraft pulp mills are those in 40 C.F.R. §§ 60.280 to 60.285, inclusive, (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:63. Standards of performan ce for glass manufacturing plant. The standards of performance for glass manufacturing plants ar e those in 40 C.F.R. §§ 60.290 to 60.296, inclusive, (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:64. Standards of performance fo r surface coating of metal furniture. The standards of performance for surface coating of metal furniture are those in 40 C.F.R. §§ 60.310 to 60.316, inclusive, (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:65. Standards of performance for lead-acid battery manufacturing plant. The standards of performance for lead-acid battery manufacturing plants are those in 40 C.F.R. §§ 60.370 to 60.374, inclusive, (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:66. Standards of performance for automobile and light duty truck surface coating operations. The standards of performance for au tomobile and light duty truck surface coating operations are those in 40 C.F.R. §§ 60.390 to 60.398, inclusive, (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 208, effective June 28, 2010; 39 SDR 219, effective June 25,2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.74:36:07:67. Standards of performance for phosphate rock plants. The standards of performance for phosphate rock plants are thos e in 40 C.F.R. §§ 60.400 to 60.404, inclusive, (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:68. Standards of performance for ammonium sulfate manufacture. The standards of performance for ammonium sulfat e manufacture are those in 40 C.F.R. §§ 60.420 to 60.424, inclusive, (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:69. Standards of performance for industrial surface coating -- Large appliances. The standards of performance for industria l surface coating of large appliances are those in 40 C.F.R. §§ 60.450 to 60.456, inclusive, (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:70. Standards of performance for metal coil surface coating. The standards of performance for metal coil surface coating are those in 40 C.F.R. §§ 60.460 to 60.466, inclusive, (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:71. Standards of performance for asphalt processing and asphalt roofing manufacture. The standards of performance for asphalt processing and asphalt roofing manufacture are those in 40 C.F.R. §§ 60.470 to 60.474, inclusive, (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:72. Standards of performance for beverage can surface coating industry. The standards of performance for beverage can su rface coating industry are those in 40 C.F.R. §§ 60.490 to 60.496, inclusive, (July 1, 2014).Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:73. Standards of performance for rubber tire manufacturing industry. The standards of performance for rubber tire manuf acturing industry are those in 40 C.F.R. §§ 60.540 to 60.548, inclusive, (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 1010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:74. Standards of performance for vol atile organic compound emissions from polymer manufacturing industry. The standards of performa nce for polymer manufacturing industry are those in 40 C.F.R. §§ 60.560 to 60.566, inclusive, (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:75. Standards of performance for fl exible vinyl and urethane coating and printing. The standards of performance for flexible vinyl and urethane coating and printing are those in 40 C.F.R. §§ 60.580 to 60.585, inclusive, (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:76. Standards of performance for equipment leaks of VOC in petroleum refineries. The standards of performance for equipment leaks in petroleum refineries are those in 40 C.F.R. §§ 60.590 to 60.593, inclusive, (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:76.01. Standards of performance for equipment leaks of VOC in petroleum refineries. The standards of performance for equipmen t leaks in petroleum refineries for which construction, reconstruction, or modification co mmenced after November 7, 2006, are those in 40 C.F.R. § 60, Subpart GGGa, (July 1, 2014).

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6.Law Implemented: SDCL 34A-1-18. 74:36:07:77. Standards of performance fo r synthetic fiber production facility. The standards of performance for synthetic fiber production facilities are those in 40 C.F.R. §§ 60.600 to 60.604, inclusive, (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:78. Standards of performance for VOC emissions from synthetic organic chemical manufacturing industry air oxidation unit process. The standards of performance for synthetic organic chemical manufacturing industr y air oxidation unit processes are those in 40 C.F.R. §§ 60.610 to 60.618, inclusive, (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:79. Standards of performance for equipment leaks of VOC from onshore natural gas processing plant. The standards of performance for equipment leaks from onshore natural gas processing plants are those in 40 C.F.R. §§ 60.630 to 60.636, inclusive, (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:80. Standards of performance for onshore natural gas processing. The standards of performance for onshore natural ga s processing are those in 40 C.F.R. §§ 60.640 to 60.648, inclusive, (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:81. Standards of performance for w ool fiberglass insulation manufacturing plant. The standards of performance for wool fibe rglass insulation manufacturing plants are those in 40 C.F.R. §§ 60.680 to 60.685, inclusive, (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.74:36:07:82. Standards of performance for VOC emissions from petroleum refinery wastewater system. The standards of performance for petroleum refinery wastewater systems are those in 40 C.F.R. §§ 60.690 to 60.699, inclusive, (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:83. Standards of performance for industrial surface coating -- Surface coating of plastic parts for business machines. The standards of performance for the surface coating of plastic parts for business mach ines are those in 40 C.F.R. §§ 60.720 to 60.726, inclusive, (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:84. Standards of performance for po lymeric coating of supporting substrates facility. The standards of performance for polymeric coating of supporting substrates facilities are those in 40 C.F.R. §§ 60.740 to 60.748, inclusive, (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:85. Standards of performance for sm all municipal waste combustion units for which construction commenced after August 30, 1999, or modification or reconstruction commenced after June 6, 2001. The standards of performance for small municipal waste combustion units are those in 40 C.F.R. § 60, Subpart AAAA (July 1, 2014),

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:86. Standards of performance for commercial or industrial solid waste incineration units for which construction commenced after November 30, 1999, or modification or reconstruction co mmenced on or after June 1, 2001. The standards of performance for commercial solid waste incinera tion units are those in 40 C.F.R. § 60, Subpart CCCC (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.74:36:07:87. Standards of performance for ot her solid waste incineration units for which construction commenced after Decemb er 9, 2004, or modification or reconstruction commenced on or after June 16, 2006. The standards of performance for other solid waste incineration units are those in 40 C.F.R. § 60, Subpart EEEE (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:88. Standards of performance for st ationary compression ignition internal combustion engines. The standards of performance for st ationary compression ignition internal combustion engines are those in 40 C.F.R. § 60, Subpart IIII (July 1, 2014). A source subject to Subpart IIII is exempt from the obligation to obtai n a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart IIII. Exempted sources must still meet the applicable requirements in Subpart IIII.

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:89. Standards of performance for stationary combustion turbines. The standards of performance for stationary combus tion turbines are those in 40 C.F.R. §§ 60.4300 to 60.4420, inclusive, (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:90. Standards of performance for stationary spark ignition internal combustion engines. The standards of performance for st ationary spark combustion engines are those in 40 C.F.R. § 60, Subpart JJJJ (July 1, 2014) . A source subject to Subpart JJJJ is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart JJJJ. Exempted sources must still meet the applicable requirements in Subpart JJJJ.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:91. Standards of performance for nitric acid plants for which construction, reconstruction, or modification commenced after October 14, 2011. The standards of performance for nitric acid plants are those in 40 C.F.R. § 60, Subpart Ga (July 1, 2014).

Source: 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6.Law Implemented: SDCL 34A-1-18. 74:36:07:92. Standards of performance for new sewage sludge incineration units. The standards of performance for new sewage sludge incineration units are those in 40 C.F.R. § 60, Subpart LLLL (July 1, 2014).

Source: 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:93. Standards of performance for crude oil and natural gas production, transmission and distribution. The standards of performance for crude oil and natural gas production, transmission, and distribution are t hose in 40 C.F.R. § 60, Subpart OOOO (July 1, 2014).

Source: 42 SDR 52, effective October 13, 2015 General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

CHAPTER 74:36:08

NATIONAL EMISSION STANDARDS FO R HAZARDOUS AIR POLLUTANTS

Section 74:36:08:00 Administrator defined. 74:36:08:01 General provisions -- National emission standards for hazardous air pollutants. 74:36:08:02 Emission standards for asbestos air pollutants. 74:36:08:02.01 Emission standards for equipment leaks (fugitive emission sources) of benzene. 74:36:08:02.02 Emission standards for benzene emissions from benzene storage vessels. 74:36:08:02.03 Emission standards for benzene emi ssions from benzene transfer operations. 74:36:08:02.04 Emission standards for benzene waste operations. 74:36:08:03 General provisions -- National emissi on standards for hazardous air pollutants for source categories. 74:36:08:03.01 Requirements for control technology determinations for major sources in accordance with Clean Air Act sections 112(g) and 112(j). 74:36:08:04 National perchloroethylene air emission standards for dry cleaning facilities. 74:36:08:05 National emission standards for organic hazardous air pollutants from the synthetic organic chemical manufacturing industry. 74:36:08:06 National emission standards for orga nic hazardous air pollutants from synthetic organic chemical manufacturing industr y process vents, storage vessels, transfer operations, and wastewater. 74:36:08:07 National emission standards for or ganic hazardous air pollutants for equipment leaks. 74:36:08:08 National emission standards for or ganic hazardous air pollutants for certain processes subject to negotiated regulations for equipment leaks. 74:36:08:09 National emission standards for chro mium emissions from hard and decorative chromium electroplating and chromium anodizing tanks.74:36:08:10 National emission standards for et hylene oxide emissions from sterilization facilities. 74:36:08:11 National emission standards for industrial process cooling towers. 74:36:08:12 National emission standards for ga soline distribution facilities (bulk gasoline terminals and pipeline breakout stations). 74:36:08:13 National emission standards for halogenated solvent cleaning. 74:36:08:14 National emission standards fo r wood furniture manufacturing operations. 74:36:08:15 National emission standards for aerospace manufacturing. 74:36:08:16 National emission standards for tanks. 74:36:08:17 National emission standards for containers. 74:36:08:18 National emission standards for surface impoundments. 74:36:08:19 National emission standards for individual drain systems. 74:36:08:20 National emission standards for oil-water separators and organic-water separators. 74:36:08:20.01 National emission standards for closed vent systems, control devices, recovery devices, and routing to a fuel gas system or a process. 74:36:08:20.02 National emission standards for equipment leaks. 74:36:08:21 National emission standards for h azardous air pollutants from the portland cement manufacturing industry. 74:36:08:22 National emission standards for h azardous air pollutants for pesticide active ingredient production. 74:36:08:23 National emission standards for the printing and publishing industry. 74:36:08:24 National emission standards for oil and natural gas production facilities. 74:36:08:25 National emission standards for natural gas transmission and storage facilities. 74:36:08:26 National emission standards for secondary aluminum production. 74:36:08:27 National emission standards for publicly owned treatment works. 74:36:08:28 National emission standards for solvent extraction for vegetable oil production. 74:36:08:29 National emission standards for paper and other web coating. 74:36:08:30 National emission standards for municipal solid waste landfills. 74:36:08:31 National emission standards for surface coating of metal furniture. 74:36:08:32 National emission standards for integrated iron and steel manufacturing facilities. 74:36:08:33 National emission standards for bric k and structural clay products manufacturing. 74:36:08:34 National emission standards fo r asphalt processing and asphalt roofing manufacturing. 74:36:08:35 National emission standards for flexib le polyurethane foam fabrication operations. 74:36:08:36 National emission standards for engine test cells/stands. 74:36:08:37 National emission standards for surf ace coating of miscellaneous metal parts and products. 74:36:08:38 National emission standards for reinforced plastic composites production. 74:36:08:39 National emission standards for stationary combustion turbines. 74:36:08:40 National emission standards for sta tionary reciprocating internal combustion engines. 74:36:08:41 National emission standards for indus trial, commercial, and institutional boilers and process heaters. 74:36:08:42 National emission standards for polyvinyl chloride and copolymers production. 74:36:08:43 National emission standards for coke oven batteries. 74:36:08:44 National emission standards for pulp and paper industry. 74:36:08:45 National emission standards for group I polymers and resins. 74:36:08:46 National emission standards for epoxy resins production and non-nylon polyamides production.74:36:08:47 National emission standards for secondary lead smelting. 74:36:08:48 National emission standards for phosphoric acid manufacturing plants. 74:36:08:49 National emission standards fo r phosphate fertilizers production plants. 74:36:08:50 National emission standards for petroleum refineries. 74:36:08:51 National emission standards for off-site waste and recovery operations. 74:36:08:52 National emission standards for magnetic tape manufacturing operations. 74:36:08:53 National emission standards fo r primary aluminum reduction plants. 74:36:08:54 National emission standards for chemi cal recovery combustion sources at kraft, soda, sulfite, and stand-alone semichemical pulp mills. 74:36:08:55 National emission standards for et hylene manufacturing process units -- Heat exchange systems and waste operations. 74:36:08:56 Generic maximum achievable control technology standards. 74:36:08:57 National emission standards for steel pickling -- HC1 process facilities and hydrochloric acid regeneration plants. 74:36:08:58 National emission standards for mineral wool production. 74:36:08:59 National emission standards for hazardous waste combustors. 74:36:08:60 National emission standards for pharmaceutical production. 74:36:08:61 National emission standards for group IV polymers and resins. 74:36:08:62 National emission standards for wool fiberglass production. 74:36:08:63 National emission standards fo r manufacture of amino/phenolic resins. 74:36:08:64 National emission standa rds for polyether polyols production. 74:36:08:65 National emission standards for primary copper smelting. 74:36:08:66 National emission standards for primary lead smelting. 74:36:08:67 National emission standards for pe troleum refineries -- Catalytic cracking, catalytic reforming, and sulfur recovery units. 74:36:08:68 National emission standards for ferroalloy production -- Ferromanganese and silicomanganese. 74:36:08:69 National emission standards for the manufacture of nutritional yeast. 74:36:08:70 National emission standards for plywood and composite wood products. 74:36:08:71 National emission standards for non-gasoline organic liquids distribution. 74:36:08:72 National emission standards for mi scellaneous organic chemical manufacturing. 74:36:08:73 National emission standards fo r wet-formed fiberglass mat production. 74:36:08:74 National emission standards for su rface coating of automobiles and light duty trucks. 74:36:08:75 National emission standards for surface coating of metal cans. 74:36:08:76 National emission standards for surface coating of large appliances. 74:36:08:77 National emission standards for prin ting, coating, and dyeing of fabrics and other textiles. 74:36:08:78 National emission standards for su rface coating of plastic parts and products. 74:36:08:79 National emission standards for surface coating of wood building products. 74:36:08:80 National emission standards for surface coating of metal coil. 74:36:08:81 National emission standard s for leather finishing operations. 74:36:08:82 National emission standards for cellulose products manufacturing. 74:36:08:83 National emission standards for boat manufacturing. 74:36:08:84 National emission standards for rubber tire manufacturing. 74:36:08:85 National emission standards for lime manufacturing plants. 74:36:08:86 National emission standards for semiconductor manufacturing. 74:36:08:87 National emission standards for c oke ovens -- Pushing, quenching, and battery stacks.74:36:08:88 National emission standards for iron and steel foundries. 74:36:08:89 National emission standards for site remediation. 74:36:08:90 National emission standards for miscellaneous coating manufacturing. 74:36:08:91 National emission standards for mercury cell chlor-alkali plants. 74:36:08:92 National emission standards for clay ceramics manufacturing. 74:36:08:93 National emission standards fo r flexible polyurethane foam production. 74:36:08:94 National emission standa rds for hydrochloric acid production. 74:36:08:95 National emission standards for friction materials manufacturing facilities. 74:36:08:96 National emission standards for taconite iron ore processing. 74:36:08:97 National emission standards for refractory products manufacturing. 74:36:08:98 National emission standard s for primary magnesium refining. 74:36:08:99 National emission standards for polyvinyl chloride and copolymers production
area sources. 74:36:08:100 National emission standards for primary copper smelting area sources. 74:36:08:101 National emission standards for secondary copper smelting area sources. 74:36:08:102 National emission standards for prim ary nonferrous metals area sources -- Zinc, cadmium, and beryllium. 74:36:08:103 National emission standards for hospital ethylene oxide sterilizers. 74:36:08:104 National emission standards for electric arc furnace steelmaking facility area
sources. 74:36:08:105 National emission standards for iron and steel foundry area sources. 74:36:08:106 National emission standards for gaso line distribution bulk terminals, bulk plants, and pipeline facilities. 74:36:08:107 National emission standards for gasoline dispensing facilities. 74:36:08:108 National emission standards for pain t stripping and miscellaneous surface coating
area sources. 74:36:08:109 National emission standards for acr ylic and modacrylic fiber production area
sources. 74:36:08:110 National emission standards for carbon black production area sources. 74:36:08:111 National emission standards fo r chemical manufacturing area sources -- Chromium compounds. 74:36:08:112 National emission standards for flexible polyurethane foam production and fabrication area sources. 74:36:08:113 National emission standards for l ead acid battery manufacturing area sources. 74:36:08:114 National emission standards for wood preserving area sources. 74:36:08:115 National emission standards for clay ceramic manufacturing area sources. 74:36:08:116 National emission standards for glass manufacturing area sources. 74:36:08:117 National emission standards for s econdary nonferrous metal processing area
sources. 74:36:08:118 National emission standards for plating and polishing area sources. 74:36:08:119 National emission standards for nine metal fabrication and finishing area sources. 74:36:08:120 National emission standards for ferroalloys production area sources. 74:36:08:121 National emission standards for al uminum, copper, and other nonferrous foundry
area sources. 74:36:08:122 National emission standards for coal- and oil-fired electric utility steam generating units. 74:36:08:123 National emission standards for indus trial, commercial, and institutional boilers
area sources. 74:36:08:124 National emission standards for chemical manufacturing area sources.74:36:08:125 National emission standards fo r asphalt processing and asphalt roofing manufacturing area sources. 74:36:08:126 National emission standards for ch emical preparations industry area sources. 74:36:08:127 National emission standards for pa ints and allied products manufacturing area
sources. 74:36:08:128 National emission standards for pr epared feeds manufacturing area sources. 74:36:08:129 National emission standards for gol d mine ore processing and production area
sources. 74:36:08:130 National emission standards for polyvinyl chloride and copolymers production.

74:36:08:00. Administrator defined. For the purposes of this chapter, "administrator" means the secretary, except for those authorities which cannot be delegated to the state, in which case "administrator" means both the administrator of EPA and the secretary.

Source: 19 SDR 157, effective April 22, 1993; tr ansferred from § 74:36:08:01, 21 SDR 119, effective January 5, 1995. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19. 74:36:08:01. General provisions -- National emission standards for hazardous air pollutants. The general provisions for the national emi ssion standards for hazardous air pollutants are those in 40 C.F.R. § 61, Subpart A (July 1, 2014).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 25 SD R 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective Se ptember 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19. 74:36:08:02. Emission standards for asbestos air pollutants. The emission standards for asbestos air pollutants are those in 40 C.F.R. § 61, Subpart M (July 1, 2014).

Source: 11 SDR 151, effective May 12, 1985; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 18 SDR 95, effective December 2, 1991; transferred from § 74:26:22:02, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective July 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.74:36:08:02.01. Emission standards for equipmen t leaks (fugitive emission sources) of benzene. The emission standards for equipment leak s of benzene are those in 40 C.F.R. § 61 Subpart J (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:02.02. Emission standards for benz ene emissions from benzene storage vessels. The emission standards for benzene emissions from benzene storage vessels are those in 40 C.F.R. § 61, Subpart Y (July 1, 2014).

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:02.03. Emission standards for benz ene emissions from benzene transfer operations. The emission standards for benzene emissi ons from benzene transfer operations are those in 40 C.F.R. § 61, Subpart BB (July 1, 2014).

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:02.04. Emission standards for benzene waste operations. The emission standards for benzene waste operations equipment leaks of benzene are those in 40 C.F.R. § 61, Subpart FF (July 1, 2014).

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:08:03. General provisions -- National emission standards for hazardous air pollutants for source categories. The general provisions for the national emission standards for hazardous air pollutants for source categories are those in 40 C.F.R. § 63 Subpart A (July 1, 2014).

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, e ffective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.74:36:08:03.01. Requirements for control techno logy determinations for major sources in accordance with Clean Air Act sections 112(g) and 112(j). The provisions for control technology determinations for major sources in acco rdance with Clean Air Act sections 112(g) and 112(j) are those in 40 C.F.R. § 63, Subpart B (July 1, 2014).

Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, eff ective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19. 74:36:08:04. National perchloroethylene ai r emission standards for dry cleaning facilities. The national perchloroethylene air emissi on standards for dry cleaning facilities are those in 40 C.F.R. § 63, Subpart M (July 1, 2014). A source that operates a unit subject to Subpart M is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason othe r than the source is subject to Subpart M. Exempted sources must still meet the applicable requirements in Subpart M.

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, e ffective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

Cross-Reference: Complete application, § 74:36:05:09.

74:36:08:05. National emission standards fo r organic hazardous air pollutants from the synthetic organic chemical manufacturing industry. The national emission standards for organic hazardous air pollutants from the synthe tic organic chemical manufacturing industry are those in 40 C.F.R. § 63, Subpart F (July 1, 2014).

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, e ffective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:06. National emission standards fo r organic hazardous air pollutants from synthetic organic chemical manufacturing indus try process vents, storage vessels, transfer operations, and wastewater. The national emission standards for organic hazardous air pollutants from synthetic organic chemical manufacturing i ndustry process vents, storage vessels, transfer operations, and wastewater are those in 40 C.F.R. § 63, Subpart G (July 1, 2014).Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, e ffective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:07. National emission standards for organic hazardous air pollutants for equipment leaks. The national emission standards for organic hazardous air pollutants for equipment leaks are those in 40 C.F.R. § 63, Subpart H (July 1, 2014).

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, e ffective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:08. National emission standards for organic hazardous air pollutants for certain processes subject to negotiate d regulations for equipment leaks. The national emission standards for organic hazardous air pollutants for certain processes subject to the negotiated regulations for equipment leaks are those in 40 C.F.R. § 63, Subpart I (July 1, 2014).

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, e ffective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:09. National emission standards for chromium emissions from hard and decorative chromium electroplating and chromium anodizing tanks. The national emission standards for hard and decorative chromium el ectroplating and chromium anodizing tanks are those in 40 C.F.R. § 63, Subpart N (July 1, 2014). An area source that operates a unit subject to Subpart N is exempt from the obligation to obtai n a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart N. Exempted sources must still meet the applicable requirements in Subpart N.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effectiv e June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.Cross-Reference: Operating permits for part 70 sources, § 74:36:05.

74:36:08:10. National emission standard s for ethylene oxide emissions from sterilization facilities. The national emission standards for ethylene oxide from sterilization facilities are those in 40 C.F.R. § 63, Subpart O (July 1, 2014). A source that operates a unit subject to Subpart O is exempt from the oblig ation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operati ng permit for a reason other than the source is subject to Subpart O. Exempted sources must still meet the applicable requirements in Subpart O.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effectiv e June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19. 74:36:08:11. National emission standards for industrial process cooling towers. The national emission standards for industrial proce ss cooling towers are those in 40 C.F.R. § 63, Subpart Q (July 1, 2014). A source th at operates a unit subject to Subpart Q is exempt from the obligations to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart Q. Exempted sources must still meet the applicable requirements in Subpart Q.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effectiv e June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:12. National emission standards for gasoline distribution facilities (bulk gasoline terminals and pipeline breakout stations). The national emission standards for gasoline distribution facilities (bulk gasoline terminals and pipeline breakout stations) are those in 40 C.F.R. § 63, Subpart R (July 1, 2014).

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 30 SDR 26, effective September 1, 2003; 31 SD R 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:13. National emission standard s for halogenated solvent cleaning. The national emission standards for halogenated solven t cleaning are those in 40 C.F.R. § 63, Subpart T (July 1, 2014). An area source that operates a un it subject to Subpart T is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70operating permit for a reason other than the source is subject to Subpart T. Exempted sources must still meet the applicable requirements in Subpart T.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effectiv e June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:14. National emission standard s for wood furniture manufacturing operations. The national emission standards for w ood furniture manufacturing operations are those in 40 C.F.R. § 63, Subpart JJ (July 1, 2014).

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effectiv e June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:15. National emission sta ndards for aerospace manufacturing. The national emission standards for aerospace manufacturing ar e those in 40 C.F.R. § 63, Subpart GG (July 1, 2014).

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effectiv e June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:16. National emission standards for tanks. The national emission standards for tanks -- level 1 are those in 40 C.F.R. § 63, Subpart OO (July 1, 2014). The national emission standards for tanks -- level 2 are those in 40 C.F.R. § 63, Subpart WW (July 1, 2014).

Source: 25 SDR 123, effective April 4, 1999; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:17. National emission standards for containers. The national emission standards for containers are those in 40 C.F.R. § 63, Subpart PP (July 1, 2014).Source: 25 SDR 123, effective April 4, 1999; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:18. National emission st andards for surface impoundments. The national emission standards for surface impoundments are those in 40 C.F.R. § 63, Subpart QQ (July 1, 2014).

Source: 25 SDR 123, effective April 4, 1999; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:19. National emission sta ndards for individual drain systems. The national emission standards for individual drain systems are those in 40 C.F.R. § 63, Subpart RR (July 1, 2014).

Source: 25 SDR 123, effective April 4, 1999; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:20. National emission standards fo r oil-water separators and organic-water separators. The national emission standards for oil-wate r separators and organic-water separators are those in 40 C.F.R. § 63, Subpart VV (July 1, 2014).

Source: 25 SDR 123, effective April 4, 1999; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:20.01. National emission standards fo r closed vent systems, control devices, recovery devices, and routing to a fuel gas system or a process. The national emission standards for closed vent systems, control devi ces, recovery devices, and routing to a fuel gas system or a process are those in 40 C.F.R. § 63, Subpart SS (July 1, 2014).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6.Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:20.02. National emission standards for equipment leaks. The national emission standards for equipment leaks -- control level 1 are those in 40 C.F.R. § 63, Subpart TT (July 1, 2014). The national emission standards for equipm ent leaks -- control level 2 are those in 40 C.F.R. § 63, Subpart UU (July 1, 2014).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19. 74:36:08:21. National emission standards for hazardous air pollutants from the portland cement manufacturing industry. The national emission standards for the portland cement manufacturing industry are those in 40 C.F.R. § 63, Subpart LLL (July 1, 2014).

Source: 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19. 74:36:08:22. National emission standards for hazardous air pollutants for pesticide active ingredient production. The national emission standards for pesticide active ingredient production are those in 40 C.F.R. § 63, Subpart MMM (July 1, 2014).

Source: 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:23. National emission standards fo r the printing and publishing industry. The national emission standards for the printing and publishing industry are those in 40 C.F.R. § 63, Subpart KK (July 1, 2014).

Source: 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:24. National emission standards for oil and natural gas production facilities. The national emission standards for oil and natura l gas production facilities are those in 40 C.F.R. § 63, Subpart HH (July 1, 2014). A source that opera tes a unit subject to Subpart HH is exemptfrom the obligation to obtain a Part 70 operating perm it if the unit is not required to install controls and if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart HH. Exempted sources must still meet the applicable requirements in Subpart HH.

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:25. National emission standards fo r natural gas transmission and storage facilities. The national emission standards for natura l gas transmission and storage facilities are those in 40 C.F.R. § 63, Subpart HHH (July 1, 2014).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:26. National emission standard s for secondary aluminum production. The national emission standards for secondary alum inum production are those in 40 C.F.R. § 63, Subpart RRR (July 1, 2014).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:27. National emission standard s for publicly owned treatment works. The national emission standards for publicly owned treatment works are those in 40 C.F.R. § 63, Subpart VVV (July 1, 2014).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:28. National emission standards fo r solvent extraction for vegetable oil production. The national emission standards for solven t extraction of vegetable oil production are those in 40 C.F.R. § 63, Subpart GGGG (July 1, 2014).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6.Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:29. National emission standa rds for paper and other web coating. The national emission standards for paper and other we b coating are those in 40 C.F.R. § 63, Subpart JJJJ (July 1, 2014).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:30. National emission standard s for municipal solid waste landfills. The national emission standards for municipal solid wa ste landfills are those in 40 C.F.R. § 63, Subpart AAAA (July 1, 2014).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:31. National emission standards for surface coating of metal furniture. The national emission standards for surface coating of metal furniture are those in 40 C.F.R. § 63, Subpart RRRR (July 1, 2014).

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, e ffective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:32. National emission standards for integrated iron and steel manufacturing facilities. The national emission standards for integrat ed iron and steel manufacturing are those in 40 C.F.R. § 63, Subpart FFFFF (July 1, 2014).

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, e ffective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:33. National emission standards for brick and structural clay products manufacturing. The national emission standards for brick and structural clay products manufacturing are those in 40 C.F.R. § 63, Subpart JJJJJ (July 1, 2014).

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, e ffective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015.General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:34. National emission standards fo r asphalt processing and asphalt roofing manufacturing. The national emission standards for asphalt processing and asphalt roofing manufacturing are those in 40 C.F.R. § 63, Subpart LLLLL (July 1, 2014).

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, e ffective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:35. National emission standards for flexible polyurethane foam fabrication operations. The national emission standards for flexible polyurethane foam fabrication operations are those in 40 C.F.R. § 63, Subpart MMMMM (July 1, 2014).

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, e ffective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19. 74:36:08:36. National emission standards for engine test cells/stands. The national emission standards for engine test cells/stands are those in 40 C.F.R. § 63, Subpart PPPPP (July 1, 2014).

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, e ffective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:37. National emission standards fo r surface coating of miscellaneous metal parts and products. The national emission standards for su rface coating of miscellaneous metal parts and products as published in 40 C.F.R. § 63, Subpart MMMM (July 1, 2014).

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, e ffective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:38. National emission standards for reinforced plastic composites production. The national emission standards for reinforced plastic composites production are those in 40 C.F.R. § 63, Subpart WWWW (Jul y 1, 2014).Source: 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:39. National emission standards for stationary combustion turbines. The national emission standards for stationary combusti on turbines are those in 40 C.F.R. § 63, Subpart YYYY (July 1, 2014).

Source: 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:40. National emission standards for stationary reciprocating internal combustion engines. The national emission standards for stationary reciprocating internal combustion engines are those in 40 C.F.R. § 63, Subpart ZZZZ (July 1, 2014).

Source: 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:41. National emission standards fo r industrial, commercial, and institutional boilers and process heaters. The national emission standards for industrial, commercial, and institutional boilers and process heaters are those in 40 C.F.R. § 63, Subpart DDDDD (July 1, 2014).

Source: 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:42. National emission standards for polyvinyl chloride and copolymers production. The national emission standards for pol yvinyl chloride and copolymers production are those in 40 C.F.R. § 63, Subpart J (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:43. National emission st andards for coke oven batteries. The national emission standards for coke oven batteries are those in 40 C.F.R. § 63, Subpart L, (July 1, 2014).Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:44. National emission sta ndards for pulp and paper industry. The national emission standards for pulp and paper industry ar e those in 40 C.F.R. § 63, Subpart S, (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:45. National emission standa rds for group I polymers and resins. The national emission standards for group I polymers and resins are those in 40 C.F.R. § 63, Subpart U, (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:46. National emission standards for epoxy resins production and non-nylon polyamides production. The national emission standards for epoxy resins production and nonnylon polyamides production are those in 40 C.F.R. § 63, Subpart W, (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:47. National emission standa rds for secondary lead smelting. The national emission standards for secondary lead smelting are those in 40 C.F.R. § 63, Subpart X (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:48. National emission standards fo r phosphoric acid manufacturing plants. The national emission standards for phosphoric acid manufacturing plants are those in 40 C.F.R. § 63, Subpart AA (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.74:36:08:49. National emission standards fo r phosphate fertilizers production plants. The national emission standards for phosphate fer tilizers production plants are those in 40 C.F.R. § 63, Subpart BB (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:50. National emission st andards for petroleum refineries. The national emission standards for petroleum refineries are those in 40 C.F.R. § 63, Subpart CC (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:51. National emission standards for off-site waste and recovery operations. The national emission standards for off-site waste and recovery operations are those in 40 C.F.R. § 63, Subpart DD (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:52. National emission standards fo r magnetic tape manufacturing operations. The national emission standards for magnetic tape manufacturing operations are those in 40 C.F.R. § 63, Subpart EE (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:53. National emission standards for primary aluminum reduction plants. The national emission standards for primary aluminum reduction plants are those in 40 C.F.R. § 63, Subpart LL (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:54. National emission standards for chemical recovery combustion sources at kraft, soda, sulfite, and sta nd-alone semichemical pulp mills. The national emission standards for chemical recovery combustion sources at kraf t, soda, sulfite, and stand-alone semichemical pulp mills are those in 40 C.F.R. § 63, Subpart MM (July 1, 2014).Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:55. National emission standards fo r ethylene manufacturing process units -- Heat exchange systems and waste operations. The national emission standards for heat exchange systems and waste operations are t hose in 40 C.F.R. § 63, Subpart XX (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:56. Generic maximum achievab le control technology standards. The generic maximum achievable control technology standards are those in 40 C.F.R. § 63, Subpart YY (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:57. National emission standards fo r steel pickling -- HC1 process facilities and hydrochloric acid regeneration plants. The national emission standards for HC1 process facilities and hydrochloric acid regeneration plants are those in 40 C.F.R. § 63, Subpart CCC (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:58. National emission standa rds for mineral wool production. The national emission standards for mineral wool production ar e those in 40 C.F.R. § 63, Subpart DDD (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:59. National emission standa rds for hazardous waste combusters. The national emission standards for hazardous waste co mbusters are those in 40 C.F.R. § 63, Subpart EEE (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015.General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:60. National emission standa rds for pharmaceutical production. The national emission standards for pharmaceutical production are those in 40 C.F.R. § 63, Subpart GGG (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:61. National emission standard s for group IV polymers and resins. The national emission standards for group IV polymers a nd resins are those in 40 C.F.R. § 63, Subpart JJJ (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:08:62. National emission standards for wool fiberglass production. The national emission standards for wool fiberglass production are those in 40 C.F.R. § 63, Subpart NNN (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:63. National emission standards for manufacture of amino/phenolic resins. The national emission standards for the manufactur e of amino/phenolic resins are those in 40 C.F.R. § 63, Subpart OOO (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:64. National emission standard s for polyether polyols production. The national emission standards for polyether polyols production are those in 40 C.F.R. § 63, Subpart PPP (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.74:36:08:65. National emission sta ndards for primary copper smelting. The national emission standards for primary copper smelting ar e those in 40 C.F.R. § 63, Subpart QQQ (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:66. National emission sta ndards for primary lead smelting. The national emission standards for primary lead smelting ar e those in 40 C.F.R. § 63, Subpart TTT (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:67. National emission standard s for petroleum refineries -- Catalytic cracking, catalytic reforming, and sulfur recovery units. The national emission standards for catalytic cracking, catalytic reforming, and sulfur r ecovery units at petroleum refineries are those in 40 C.F.R. § 63, Subpart UUU (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:68. National emission standards fo r ferroalloy production -- Ferromanganese and silicomanganese. The national emission standards for ferromanganese and silicomanganese production are those in 40 C.F.R. § 63, Subpart XXX (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:69. National emission standards for the manufacture of nutritional yeast. The national emission standards for the manufacture of nutritional yeast are those in 40 C.F.R. § 63, Subpart CCCC (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:70. National emission standards fo r plywood and composite wood products. The national emission standards for plywood and co mposite wood products are those in 40 C.F.R. § 63, Subpart DDDD (July 1, 2014).Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:71. National emission standards fo r non-gasoline organic liquids distribution. The national emission standards for non-gasoline organic liquids distribution are those in 40 C.F.R. § 63, Subpart EEEE (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:72. National emission standard s for miscellaneous organic chemical manufacturing. The national emission standards fo r miscellaneous organic chemical manufacturing are those in 40 C.F.R. § 63, Subpart FFFF (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:73. National emission standards for wet-formed fiberglass mat production. The national emission standards for wet-formed fiberglass mat production are those in 40 C.F.R. § 63, Subpart HHHH (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:74. National emission standards for surface coating of automobiles and light duty trucks. The national emission standards for surface coating of automobiles and light duty trucks are those in 40 C.F.R. § 63, Subpart IIII (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:75. National emission standard s for surface coating of metal cans. The national emission standards for surface coating of metal cans are those in 40 C.F.R. § 63, Subpart KKKK (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6.Law Implemented: SDCL 34A-1-18.

74:36:08:76. National emission standards fo r surface coating of large appliances. The national emission standards for surface coating of large appliances are those in 40 C.F.R. § 63, Subpart NNNN (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:77. National emission standards for printing, coating, and dyeing of fabrics and other textiles. The national emission standards for pr inting, coating, and dyeing of fabrics and other textiles are those in 40 C.F.R. § 63, Subpart OOOO (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:78. National emission standards fo r surface coating of plastic parts and products. The national emission standards for surface coating of plastic parts and products are those in 40 C.F.R. § 63, Subpart PPPP (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:79. National emission standards for surface coating of wood building products. The national emission standards for surface coating of wood building products are those in 40 C.F.R. § 63, Subpart QQQQ (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:80. National emission standard s for surface coating of metal coil. The national emission standards for surface coating of meta l coil are those in 40 C.F.R. § 63, Subpart SSSS (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.74:36:08:81. National emission standa rds for leather finishing operations. The national emission standards for leather finishing opera tions are those in 40 C.F.R. § 63, Subpart TTTT (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:82. National emission standards for cellulose products manufacturing. The national emission standards for cellulose produc ts manufacturing are those in 40 C.F.R. § 63, Subpart UUUU (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 212, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:83. National emission st andards for boat manufacturing. The national emission standards for boat manufacturing are those in 40 C.F.R. § 63, Subpart VVVV (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:84. National emission sta ndards for rubber tire manufacturing. The national emission standards for rubber tire manufacturing are those in 40 C.F.R. § 63, Subpart XXXX (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:85. National emission standa rds for lime manufacturing plants. The national emission standards for lime manufacturing plan ts are those in 40 C.F.R. § 63, Subpart AAAAA (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:86. National emission standa rds for semiconductor manufacturing. The national emission standards for semiconductor manuf acturing are those in 40 C.F.R. § 63, Subpart BBBBB (July 1, 2014).Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:87. National emission standards for coke ovens -- Pushing, quenching, and battery stacks. The national emission standards for c oke ovens are those in 40 C.F.R. § 63, Subpart CCCCC (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:88. National emission standa rds for iron and steel foundries. The national emission standards for iron and steel foundries are those in 40 C.F.R. § 63, Subpart EEEEE (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:89. National emission st andards for site remediation. The national emission standards for site remediation are those in 40 C.F.R. § 63, Subpart GGGGG (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:90. National emission standards for miscellaneous coating manufacturing. The national emission standards for miscellaneous coating manufacturing are those in 40 C.F.R. § 63, Subpart HHHHH (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:91. National emission standard s for mercury cell chlor-alkali plants. The national emission standards for mercury cell chlor-alkali plants are those in 40 C.F.R. § 63, Subpart IIIII (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.74:36:08:92. National emission standa rds for clay ceramics manufacturing. The national emission standards for clay ceramics ma nufacturing are those in 40 C.F.R. § 63, Subpart KKKKK (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:93. National emission standards for flexible polyurethane foam production. The national emission standards for flexible polyur ethane foam production are those in 40 C.F.R. § 63, Subpart III (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:94. National emission standard s for hydrochloric acid production. The national emission standards for hydrochloric acid production are those in 40 C.F.R. § 63, Subpart NNNNN (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:95. National emission standards for friction materials manufacturing facilities. The national emission standards for fricti on materials manufacturing facilities are those in 40 C.F.R. § 63, Subpart QQQQQ (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:96. National emission standa rds taconite iron ore processing. The national emission standards for taconite iron ore pro cessing are those in 40 C.F.R. § 63, Subpart RRRRR (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:97. National emission standards for refractory products manufacturing. The national emission standards for refractory produc ts manufacturing are those in 40 C.F.R. § 63, Subpart SSSSS (July 1, 2014).Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:98. National emission standa rds for primary magnesium refining. The national emission standards for primary magnesium refining are those in 40 C.F.R. § 63, Subpart TTTTT (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:99. National emission standards for polyvinyl chloride and copolymers production area sources. The national emission standards fo r polyvinyl chloride and copolymers production area sources are those in 40 C.F. R. § 63, Subpart DDDDDD (July 1, 2014). A source that operates a unit subject to Subpart DDDDDD is ex empt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart DDDDDD. Exem pted sources must still meet the applicable requirements in Subpart DDDDDD.

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:100. National emission standards fo r primary copper smelting area sources. The national emission standards for primary coppe r smelting area sources are those in 40 C.F.R. § 63, Subpart EEEEEE (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:101. National emission standards fo r secondary copper smelting area sources. The national emission standards for secondary coppe r smelting area sources are those in 40 C.F.R. § 63, Subpart FFFFFF (July 1, 2014).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:102. National emission standards fo r primary nonferrous metals area sources -- Zinc, cadmium, and beryllium. The national emission standards for primary nonferrous metals area sources are those in 40 C.F.R. § 63, Subpart GGGGGG (July 1, 2014).Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:103. National emission standards for hospital ethylene oxide sterilizers. The national emission standards for hospital ethylene oxide sterilizers are those in 40 C.F.R. § 63, Subpart WWWWW (Jul y 1, 2014). A source that operates a un it subject to Subpart WWWWW is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason ot her than the source is subject to Subpart WWWWW. Exempted sources must s till meet the applicable requirements in Subpart WWWWW.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:104. National emission standards fo r electric arc furnace steelmaking facility
area sources. The national emission standards for area sources -- electric arc furnace steelmaking facilities are those in 40 C.F.R. § 63, Subpart YYYYY (July 1, 2014).

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:105. National emission standards for iron and steel foundry area sources. The national emission standards for iron and steel foundry area sources are those in 40 C.F.R. § 63, Subpart ZZZZZ (July 1, 2014). A source that operate s a unit subject to Subpart ZZZZZ is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason other than th e source is subject to Subpart ZZZZZ. Exempted sources must still meet the applicable requirements in Subpart ZZZZZ.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:106. National emission standards for gasoline distribution bulk terminals, bulk plants, and pipeline facilities. The national emission standard s for gasoline distribution bulk terminals, bulk plants, and pipeline facilities are those in 40 C.F.R. § 63, Subpart BBBBBB (July 1, 2014). A source that operates a unit subject to Subpart BBBBBB is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason other than the source is s ubject to Subpart BBBBBB. Exempted sources must still meet the applicable requirements in Subpart BBBBBB.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6.Law Implemented: SDCL 34A-1-18.

74:36:08:107. National emission standard s for gasoline dispensing facilities. The national emission standards for gasoline dispensi ng facilities are those in 40 C.F.R. § 63, Subpart CCCCCC (July 1, 2014). A source that operates a unit subject to Subpart CCCCCC is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason other th an the source is subject to Subpart CCCCCC. Exempted sources must still meet the applicable requirements in Subpart CCCCCC.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:108. National emission standards for paint stripping and miscellaneous surface coating area sources. The national emission standards for paint stripping and miscellaneous coating area sources are thos e in 40 C.F.R. § 63, S ubpart HHHHHH (July 1, 2014). A source that operates a unit subject to Subpart HHHHHH is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpa rt HHHHHH. Exempted source s must still meet the applicable requirements in Subpart HHHHHH.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:109. National emission standards fo r acrylic and modacrylic fiber production
area sources. The national emission standards for acry lic and modacrylic fiber production area sources are those in 40 C.F.R. § 63, Subpart LLLLLL (July 1, 2014). A source that operates a unit subject to Subpart LLLLLL is exempt from the ob ligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 opera ting permit for a reason other than the source is subject to Subpart LLLLLL. Exempted sources must still meet the applicable requirements in Subpart LLLLLL.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:110. National emission standards fo r carbon black production area sources. The national emission standards for carbon black production area sources are those in 40 C.F.R. § 63, Subpart MMMMMM (July 1, 2014).

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.74:36:08:111. National emission standards fo r chemical manufacturing area sources -- Chromium compounds. The national emission standards for chemical manufacturing area sources -- chromium compounds are those in 40 C.F.R. § 63, Subpart NNNNNN (July 1, 2014). A source that operates a unit subject to Subpart NNNNNN is exempt from the obligation to obtain a Part 70 operating permit if the source is not re quired to obtain a Part 70 operating permit for a reason other than the source is subject to Subpa rt NNNNNN. Exempted source s must still meet the applicable requirements in Subpart NNNNNN.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:112. National emission standards for flexible polyurethane foam production and fabrication area sources. The national emission standards for flexible polyurethane foam production and fabrication area sources are t hose in 40 C.F.R. § 63, Subpart OOOOOO (July 1, 2014). A source that operates a unit subject to S ubpart OOOOOO is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart OOOOOO. Exempted sources must still meet the applicable requirements in Subpart OOOOOO.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:113. National emission standards fo r lead acid battery manufacturing area
sources. The national emission standards for lead acid battery manufacturing area sources are those in 40 C.F.R. § 63, Subpart PPPPPP (July 1, 2014) . A source that operates a unit subject to Subpart PPPPPP is exempt from the obligation to obt ain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit fo r a reason other than the source is subject to Subpart PPPPPP. Exempted sources must still meet the applicable requirements in Subpart PPPPPP.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:08:114. National emission standards for wood preserving area sources. The national emission standards for wood preserving area sources are those in 40 C.F.R. § 63, Subpart QQQQQQ (July 1, 2014). A source that operates a unit subject to Subpart QQQQQQ is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason other th an the source is subject to Subpart QQQQQQ. Exempted sources must still meet the a pplicable requirements in Subpart QQQQQQ.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6.Law Implemented: SDCL 34A-1-18.

74:36:08:115. National emission standard s for clay ceramic manufacturing area
sources. The national emission standards for clay ceram ic manufacturing area sources are those in 40 C.F.R. § 63, Subpart RRRRRR (July 1, 2014). A source that operates a unit subject to Subpart RRRRRR is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart RRRRRR. Exempted sources must still meet the applicable requirements in Subpart RRRRRR.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:116. National emission standards for glass manufacturing area sources. The national emission standards for glass manufactur ing area sources are those in 40 C.F.R. § 63, Subpart SSSSSS (July 1, 2014).

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:117. National emission standards fo r secondary nonferrous metal processing
area sources. The national emission standards for sec ondary nonferrous metal processing area sources are those in 40 C.F.R. § 63, Subpart TTTTTT (July 1, 2014). A source that operates a unit subject to Subpart TTTTTT is exempt from the ob ligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 opera ting permit for a reason other than the source is subject to Subpart TTTTTT. Exempted sources must still meet the applicable requirements in Subpart TTTTTT.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:118. National emission standards for plating and polishing area sources. The national emission standards for plating and polis hing area sources are those in 40 C.F.R. § 63, Subpart WWWWWW (Jul y 1, 2014). A source that operates a unit subject to Subpart WWWWWW is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit fo r a reason other than the source is subject to Subpart WWWWWW. Exem pted sources must s till meet the applicable requirements in Subpart WWWWWW.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.74:36:08:119. National emission standards fo r nine metal fabrication and finishing
area sources. The national emission standards for nine fa brication and finishing area sources are those in 40 C.F.R. § 63, Subpart XXXXXX (July 1, 2014). A source that operates a unit subject to Subpart XXXXXX is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit fo r a reason other than the source is subject to Subpart XXXXXX. Exempted sources must still meet the applicable requirements in Subpart XXXXXX.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:120. National emission standards fo r ferroalloys production area sources. The national emission standards for ferroalloys production area sources are those in 40 C.F.R. § 63, Subpart YYYYYY (July 1, 2014). A s ource that operates a unit subject to Subpart YYYYYY is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason ot her than the source is subject to Subpart YYYYYY. Exempted sources must still meet the applicable requirements in Subpart YYYYYY.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:121. National emission standa rds for aluminum, copper, and other nonferrous foundry area sources. The national emission standards for aluminum, copper, and other nonferrous foundry area sources are t hose in 40 C.F.R. § 63, Subpart ZZZZZZ (July 1, 2014). A source that operates a unit subject to S ubpart ZZZZZZ is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart ZZZZZZ. Exempted sources must still meet the applicable requirements in Subpart ZZZZZZ.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:122. National emission standards for coal- and oil-fired electric utility steam generating units. The national emission standards for coal- and oil-fired electric utility steam generating units are those in 40 C.F.R. § 63, Subpart UUUUU (July 1, 2014).

Source: 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:123. National emission standa rds for industrial, commercial, and institutional boilers area sources. The national emission standards for industrial, commercial,and institutional boilers area sources are those in 40 C.F.R. § 63, Subpart JJJJJJ (July 1, 2014). A source that operates a unit subject to Subpart JJJJJJ is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart JJJJJJ. Exempted sources must still meet the applicable requirements in Subpart JJJJJJ.

Source: 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:124. National emission standards fo r chemical manufacturing area sources. The national emission standards for chemical ma nufacturing area sources are those in 40 C.F.R. § 63, Subpart VVVVVV (July 1, 2014). A source that operates a unit subject to Subpart VVVVVV is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart VVVVVV. Exempted sources must still meet the applicable requirements in Subpart VVVVVV.

Source: 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:125. National emission standards fo r asphalt processing and asphalt roofing manufacturing area sources. The national emission standards for asphalt processing and asphalt roofing manufacturing area sources are thos e in 40 C.F.R. § 63, Subpart AAAAAAA (July 1, 2014). A source that operates a unit subject to Subpart AAAAAAA is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart AAAAAAA. Exempted sources must still meet the applicable requirements in Subpart AAAAAAA.

Source: 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:126. National emission standards fo r chemical preparations industry area
sources. The national emission standards for chemical preparations industry area sources are those in 40 C.F.R. § 63, Subpart BBBBBBB (July 1, 2014). A source that operates a unit subject to Subpart BBBBBBB is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operati ng permit for a reason other than the source is subject to Subpart BBBBBBB. Exempted sources must still meet the applicable requirements in Subpart BBBBBBB.

Source: 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:127. National emission standa rds for paints and allied products manufacturing area sources. The national emission standards for paints and allied products manufacturing area sources are those in 40 C.F.R. § 63, Subpart CCCCCCC (July 1, 2014). Asource that operates a unit subject to Subpart CCCCCCC is exempt from the obligation to obtain a Part 70 operating permit if the source is not re quired to obtain a Part 70 operating permit for a reason other than the source is subject to S ubpart CCCCCCC. Exempted sources must still meet the applicable requirements in Subpart CCCCCCC.

Source: 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:128. National emission standards for prepared feeds manufacturing area
sources. The national emission standards for prepared feeds manufacturing area sources are those in 40 C.F.R. § 63, Subpart DDDDDDD (July 1, 2014). A source that operates a unit subject to Subpart DDDDDDD is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operati ng permit for a reason other than the source is subject to Subpart DDDDDDD. Exempted sources must still meet the applicable requirements in Subpart DDDDDDD.

Source: 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:129. National emission standard s for gold mine ore processing and production area sources. The national emission standards for gold mine ore processing and production area sources are those in 40 C.F.R. § 63, Subpart EEEEEEE (July 1, 2014).

Source: 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:130. National emission standards for polyvinyl chloride and copolymers production. The national emission standards for pol yvinyl chloride and copolymers production are those in 40 C.F.R. § 63, Subpart HHHHHHH (July 1, 2014).

Source: 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

CHAPTER 74:36:09

PREVENTION OF SIGNIFICANT DETERIORATION

Section 74:36:09:01 Applicability. 74:36:09:01.01 Prevention of significant deterioration permit required. 74:36:09:02 Prevention of significant deterioration. 74:36:09:03 Public participation.74:36:09:01. Applicability. This chapter applies to all areas of the state which are designated attainment or unclassifiable pursuant to § 107(d)(1)(A)(ii) and (iii) of the Clean Air Act.

Source: 19 SDR 157, effective April 22, 1993; 33 SDR 43, effective September 18, 2006. General Authority: SDCL 34A-1-6, 34A-1-18. Law Implemented: SDCL 34A-1-18. 74:36:09:01.01. Prevention of significan t deterioration permit required. New major stationary sources or major modifications to exis ting major stationary sources that locate in an attainment or unclassified area must obtain a prev ention of significant deterioration permit prior to beginning actual construction.

Source: 30 SDR 26, effective September 1, 2003; 33 SDR 43, effective September 18, 2006. General Authority: SDCL 34A-1-6, 34A-1-18. Law Implemented: SDCL 34A-1-18. 74:36:09:02. Prevention of significant deterioration. For the purposes of this chapter, the state's definitions and requirements for the preven tion of significant deterioration are those in 40 C.F.R. § 52.21 (July 1, 2014), except for 40 C.F.R. § 52.21(a)(1), (a)(2)(iv)(e), (b)(2)(iii)(h), (b)(3)(iii)(b), (b)(32), (b)(42), (b)(49)(v), (b)(55), (b)( 56), (b)(57), (b)(58), (f), (k)(2), (q), (s), (t), (u), (x), (y), (z), and (cc) (July 1, 2014) with the following differences: (1) For the purposes of this section, all te rms defined in this section have the meaning defined in 40 C.F.R. § 52.21, except for the term "a dministrator" which means the secretary with the following exceptions: (a) In 40 C.F.R. §§ 52.21(b)(3)(iii) and 52.21( b)(37)(iii), the term "administrator" means either the secretary or the administrator of EPA, as applicable; (b) In 40 C.F.R. §§ 52.21(w)(2) to 52.21(w)(4), inclusive, the term "administrator" means either the secretary or the administrator of EPA, as applicable; (c) In 40 C.F.R. §§ 52.21(b)(17); 52.21(b )(37)(i); 52.21(b)(43); 52.21(b)(48)(ii)(c); 52.21(b)(50)(i); 52.21(g)(1) to 52.21(g)(6), incl usive; 52.21(l)(2); and 52.21(p)(2) the term "administrator" means the administrator of EPA; (2) For the purposes of this section, the term "Act" means the Clean Air Act; (3) For the purposes of this section, in 40 C.F.R. § 52.21(c), the Class I areas in South Dakota are Wind Cave National Park and the Badlands National Park; (4) For the purposes of this section, 40 C.F.R. § 52.21(b)(2)(iii)(a) is incorporated by reference excluding the second sentence which states, "Routine maintenance, repair and replacement shall include, but not be limited to, a ny activity(s) that meets the requirements of the equipment replacement provisions contained in paragraph (cc) of this section"; (5) For the purposes of this section, 40 C. F.R. § 52.21(v)(1) is incorporated by reference excluding the phrase, "under 40 CFR 124.10";(6) For the purposes of this section, 40 C. F.R. § 52.21(w)(1) is incorporated by reference excluding the phrase, "expires under paragraph (s) of this section or"; (7) For the purposes of this section, 40 C.F. R. § 52.21(b)(49)(i) is incorporated by reference excluding the phrase, "through (v)"; (8) For the purposes of this section, 40 C.F.R. § 52.21(b)(49)(ii), the term "(b)(49)(iii) through (v)" means "(b)(49)(iii) through (iv)"; (9) For the purposes of this section, 40 C.F.R. § 52.21 (b)(49)(iii) is incorporated by reference excluding the phrase, "through (v)"; and (10) For the purposes of this section, 40 C.F.R. § 52.21(b)(49)(iv)(b), the term "also will have an emissions increase of a regulated NSR pollutant" means "also will have a major modification of a regulated NSR pollutant that is not GHGs". The secretary shall transmit to the admi nistrator of the EPA a copy of each permit application subject to this section and shall notif y the administrator of the EPA of each significant action the secretary takes on the application.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 33 SDR 43, effective September 18, 2006; 33 SDR 217, effec tive June 13, 2007; 36 SDR 207, effective June 28, 2010; 37 SDR 182, effective April 20, 2011; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6, 34A-1-18. Law Implemented: SDCL 34A-1-18. 74:36:09:03. Public participation. For the purposes of this chapter, the state's public participation procedures are those in 40 C. F.R. § 51.166(q) (July 1, 2014), excluding the phrase "The plan shall provide that..." with the following differences: (1) For the purposes of this section, in 40 C.F.R. § 52.166(q) the phrase "reviewing authority" means the secretary; (2) For the purposes of this section, in 40 C.F.R. § 51.166(q)(1) the phrase "specified time period" means 60 days; (3) For the purposes of this secti on, in 40 C.F.R. § 51.166(q)(2)(iv), the term "administrator" means the administrator of EPA; (4) For the purposes of this section, in 40 C.F.R. § 51.166(q)(2)(iii), the phrase "Notify the public" shall consist of a public notice once in a legal newspaper in the county where the proposed source would be constructed. The public notice sha ll include a statement that a person may submit comments or contest the draft permit within 30 days after the publication of the notice. The statement shall also describe the procedures a person must follow to contest the draft permit and request a hearing in accordance with article 74:09;(5) For the purposes of this section, in 40 C.F.R. § 51.166(q)(2)(v), a public hearing is required if a person contests the draft permit or contests the secretary's final determination and requests a hearing in accordance with article 74:09; and (6) For the purposes of this section, in 40 C.F.R. § 51.166(q)(2)(viii), if a request for a contested case hearing is not submitted during the public notice period, the secretary shall make a final determination within 30 days of the end of the public comment period on the draft permit. The secretary shall notify, in writing, the a pplicant and each person that submitted written comments or requested notice of the final determin ation. The notice shall include reference to the procedures for contesting the final determination and requesting a hearing in accordance with article 74:09 within 30 days of receiving the secretary's final determination. If no person comments on a draft permit, requests changes, or contests the draft permit during the public notice period, the draft permit automatically becomes the s ecretary's final determination and is issued at the end of the public notice period.

Source: 33 SDR 43, effective September 18, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6, 34A-1-18. Law Implemented: SDCL 34A-1-18.

CHAPTER 74:36:10

NEW SOURCE REVIEW

Section 74:36:10:01 Applicability. 74:36:10:02 Definitions. 74:36:10:03 Repealed. 74:36:10:03.01 New source review preconstruction permit required. 74:36:10:04 Repealed. 74:36:10:05 New source review preconstruction permit. 74:36:10:06 Causing or contributing to a violation of any national ambient air quality standard. 74:36:10:07 Determining credit for emission offsets. 74:36:10:08 Projected actual emissions. 74:36:10:09 Repealed. 74:36:10:10 Repealed

74:36:10:01. Applicability. This chapter applies to areas of the state which are designated as nonattainment pursuant to § 107 of the Clean Air Act for any pollutant regulated under the Clean Air Act.

Source: 19 SDR 157, effective April 22, 1993. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.74:36:10:02. Definitions. For the purposes of this chapter, the definitions for new source review are those in 40 C.F.R. § 51.165(a)(1), except for the second sentence of 40 C.F.R. § 51.165(a)(1)(v)(C)(1), and 40 C.F.R. § 51.165(a )(1)(v)(G), (a)(1)(vi)(C)(3), (a)(1)(xliii), (a)(1)(xliv), (a)(1)(xlv), and (a)(1)(xlvi) (July 1, 2014). For the purposes of this chapter, the term, Act, means the Clean Air Act. For the purposes of this section, the term, reviewing authority, means the secretary.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 30 SDR 26, effective September 1, 2003; 31 SD R 101, effective January 2, 2005; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.

74:36:10:03. Net emissions increase defined. Repealed.

Source: 8 SDR 71, effective December 21, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:06.01, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effec tive January 5, 1995; repealed, 30 SDR 26, effective September 1, 2003. 74:36:10:03.01. New source review preconstruction permit required. New major stationary sources or major modifications to ex isting major sources must obtain a preconstruction permit before beginning actual construction if they are located in the following areas: (1) An attainment or unclassified area if th e source would cause or contribute to a violation of any national ambient air quality standard; or (2) An area designated nonattainment for any national ambient air quality standard if the source is major for the pollutant for which the area is designated nonattainment. Except as provided by a plant-wide applicability limit, a proposed project is considered a major modification to an existing major source if the proposed project meets the criteria in 40 C.F.R. § 51.165(a)(2)(ii)(A) to (F), inclusive, (July 1, 2014).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 36 SDR 207, effective June 28, 2010; 39 SDR 219, e ffective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-6, 34A-1-21.

Note: The procedural requirements for obtaining a preconstruction permit under the new source review program are similar to the procedur al requirements for a Part 70 source, such as a timely and complete application, completeness review , statement of basis, public participation, and departmental recommendation, as outlined in §§ 74:36:05:08 to 74:36:05:20.01, inclusive.74:36:10:04. Criteria for creditability of increa se or decrease in actual emissions. Repealed.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; repealed, 30 SDR 26, effective September 1, 2003. 74:36:10:05. New source review preconstruction permit. A new source review preconstruction permit must satisfy the following criteria before beginning actual construction: (1) All requirements for new source performan ce standards in chapter 74:36:07 that apply to the facility; (2) Compliance with the lowest achievable emission rate (LAER); (3) Certification of compliance that all other major sources, major modifications, or reconstructed facilities that are owned, operated, or controlled by the applicant either in whole or in part elsewhere in the state are in compliance with all applicable emission limitations and standards; and (4) The total tonnage of increased emissi ons, in tons per year, resulting from a major modification that must be offset shall be determined by summing the difference between the allowable emissions after the modification and th e actual emissions before the modification for each emissions unit. Emissions offsets are determined in accordance with § 74:36:10:07. The owner or operator may apply for a plant-wide applicability limit. The procedures for a plant-wide allowable limit are those in 40 C.F. R. § 51.165(f)(1) to (f)(15), inclusive, (July 1, 2014). Approval to construct does not relieve an owne r or operator of the responsibility to comply fully with applicable provisions of this article or the Clean Air Act and any other requirements under local, state, or federal law. Submission of preconstruction monitored or pr ojected ambient air quality data, or both, from the proposed source must accompany the permit a pplication. In addition, air quality dispersion modeling and meteorological data for the prescr ibed area may be required by the department. Costs of these requirements must be absorbed by the proposed source.

Source: 7 SDR 4, effective July 27, 1980; transfe rred from § 44:10:01:16, effective July 1, 1981; 8 SDR 71, effective December 21, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:16, 19 SDR 157, eff ective April 22, 1993; 21 SDR 119, effective January 5, 1995; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 36 SDR 207, effectiv e June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-22. 74:36:10:06. Causing or contributing to a viol ation of any national ambient air quality standard. This section applies to any major stationary source or major modification to an existingmajor source that is located in an attainment or unclassifiable area that may cause or contribute to violation of a national ambient air quality st andard. A major stationary source or major modification to an existing major source is consider ed to cause or contribute to a violation of a national ambient air quality standard if the sour ce or modification would, at a minimum, exceed the following significance levels at any locality th at does not or would not meet the applicable national standard:41



### PART V

- PROCEDURE FOR ADOPTING PERMANENT RULES
Notice : Serve head of department with a copy of SDCL 1

- 26

- 4(1) (1) admission of service (Form 1); (2) authorization t o proceed (Form 2); (3) proposed rules; and (4) materials incorporated by reference. Get written approval to proceed

. SDCL 1

- 26

- 4(2) Service on Legislative Research Council (LRC) and Bureau SDCL 1

- 26

- 4(2) of Finance and Management (BFM), p ublication of notice, 1

- 26

- 4(3) and notice to interested persons must be done at least 20 days before the hearing

. Service on LRC (two copies) and BFM (one copy) includes: SDCL 1

- 26

- 4(2) (1) admission of service (Form 3 or 4 as applicable); (2 ) notice of hearing; (3) fiscal note; (4) proposed rules

- double space d ; (5) (LRC only) copies of admission of service on department secretary and authorization to proceed (Forms 1 and 2); (6) (LRC only) one copy of any materials incorpo rated by reference. The materials will be returned after the review is complete; and (7) Small Business Impact Statement (Form 14) If rules have a negative fiscal impact on local political SDCL 1

- 26

- 4.2 subdivisions, ask BFM to send a copy of its fiscal note to South Dakota Municipal League, Associated School Boards of South Dakota, and South Dakota County Commissioners Association. Publish notice of hearing in a manner selected to notify SDCL 1

- 26

- 4.1 persons likely to be affected; minimum legal test is publication 1

- 26

- 4(3) of notice in at least three newspapers of general circulation in different parts of the state. Send notice to interested persons. SDCL 1

- 26

- 4.1 

### Comment period:
Accept comments from public and from LRC. SDCL 1

- 26

- 4 (6 ) 1

- 26

- 6.542

Hold public hearing. If a board or commission has SDCL 1

- 26

- 4(4) rule

- making authority, a majority of the board or commission must be present at the hearing. Keep comment period op en for ten days following hearing; SDCL 1

- 26

- 4 (6 ) however, if agency is part

- time citizen board or part

- time commission, close comment period at end of hearing unless hearing i s specifically continued to take additional comments. 

### Adoption proces s: Make changes in rules after consideration of comments SDCL 1

- 26

- 4 (4 ) by public; make LRC's recommended changes; changes 1

- 26

- 4(7) must be within the scope of the notice. 1

- 26

- 6.5 Have rules signed by the person or a majority of the S DCL 1

- 26

- 6(2) body with the authority to adopt them (Form 11). Serve Rules Committee with minutes of public hearing, SDCL 1

- 26

- 4 (8 ) complete record of written comments, and final draft 1

- 26

- 4.3 of rules after hearing. 1

- 26

- 6(1)

Serve final draft of rules with Legislative Research Council SDCL 1

- 26

- 6(4) and obtain signature of LRC approving the rules for 1

- 26

- 6.5 legality and for form and style (Form 11). 1

- 26

- 6.6 Appear and present rules to the Interim Rules SDCL 1

- 26

- 1.2 Review Committee

. 1

- 26

- 4(8)



### Filing with Secretary of State: File a copy of Fo rm 11 and original certificate Form 13 , with the SDCL 1

- 26

- 4.3 Secretary of State i f the agency has appeared before the Rules Committee 1

- 26

- 6(1) and mi nutes and final rules were served on the Rules Committee and if all 1

- 26

- 6(5) signatures have been obtained

. No more than 75 days may elapse between when the agency's public hearing commences and the rules are filed with the Secretary of State.


### Effe ctive date: Rules are provisionally effective on the 20th day SDCL 1

- 26

- 6 after filing with the Secretary of State. Rules are finally effective on July 1 after the next SDCL 1

- 26

- 6 legislative session.43



### PROCEDURE FOR ADOPTING PERMANENT RULES
Step 1 All original documents should be Forms 1, 2 kept in your office except as noted Serve proposed rules on department secretary below. Step 2 The times shown in the flow chart are Forms 3, 4, 5, 6 , 1 4 the minimums established by SDCL Serve rules, notice, fiscal notes , and impact 1

- 26

- 4 and 1

- 26

- 6. Steps 4 through 7 statement on LRC and BFM must be accomplished in 75 days No waiting period (SDCL 1

- 26

- 4.3). Step 3 The form numbers in the chart Forms 6, 7, 8, 9 correspond to forms on the following Publish notice of hearing and send pages. Your agency must create all of notice to interested persons these forms, with the exception of Wait 20 days Form 5 (BFM 50.10), the fiscal note, which is obtained fro m the Bureau Step 4 of Finance and Management, and Form 10 Form 8 , affidavit of publication, Hold public hearing which is provided by the newspapers Wait 10 days unless the entity publishing your notice. promulgating the rules is a board or a mult iperson decision maker Keep the originals of all of the documents in your agency files, Step 5 SDCL 1

- 26

- 7. However, the original Form 11 of Form 13, the certificate, must be Adopt rules filed with the Secretary of State. No waiting period While it is not required by statute, the Secretary of State has requested that a Step 6 copy of Form 11 be filed with the Forms 11, 12 rules and the certificate (Step 7). Submit final, adopted rules to LRC for approval signature. Send final rules A more d etailed explanation of this and minutes of hearing to Rules Committee. entire process is contained in the Appear and present rules to the Committee Administrative Procedures Act, SDCL chapter 1

- 26. Step 7 Form 13 File rules and certificate of co mpliance with Secretary of State Wait 20 days

Rules are effective

# Final Check List

Form Date Completed Admission of Service (Form 1) July 22, 2015 Authorization to Proceed (Form 2) July 22, 2015 LRC Admission of Service (Fo rm 3) July 23, 2015 BFM Admission of Service (Fo rm 4) July 23, 2015 Fiscal Note (Form 5) July 22, 2015 Public Notice (Form 6) July 22, 2015 Public Notice Letters (Form 7) July 22, 2015

Affidavit of Publication (Form 8) Aberdeen – July 28, 2015 Brookings – July 28, 2015 Huron – July 28, 2015 Madison – July 28, 2015 Mitchell – July 28, 2015 Pierre – July 28, 2015 Rapid City – July 29, 2015 Sioux Falls – July 28, 2015 Spearfish – July 28, 2015 Watertown – July 28, 2015 Yankton – July 28, 2015 Interested Parties Affidavit (Form 9) September 3, 2015 BME Minutes (Form 10) August 20, 2015 BME Approval (Form 11) BME – August 20, 2015 LRC – September 16, 2015 Interim Rules Admission of Service (Form 12) September 10, 2015 Certificate (Form 13) BME – August 20, 2015 Sec. of State – September 22, 2015 Small Business Impact (Form 14) July 22, 2015

# PROPOSED AMENDMENTS
ARSD 74:36
AIR POLLUTION CONTROL PROGRAM

Ju ly 22 , 201 5

### TABLE OF CONTENTS

i Page

1.0 BACKGROUND
................................ ................................ ................................ ................................ ................ 1 2.0 CHAPTER 74:36:01

– DEFINITIONS
................................ ................................ ................................ ............ 1 3.0 CHAPTER 74:36:02

– AMBIENT AIR QUALITY
................................ ................................ ........................ 2 4.0 CHAPTER 74:36:03

– AIR QUALITY EPISODES
................................ ................................ ....................... 3 5.0 CHAPTER 74:36:04

– OPERATING PERMITS FO R MINOR SOURCES
................................ ............... 3 6.0 CHAPTER 74:36:05

– OPERATING PERMITS FO R PART 70 SOURCES
................................ .............. 4 7.0 CH APTER 74:36:07

– NEW SOURCE PERFORMAN CE STANDARDS
................................ .................. 4 8.0 CHAPTER 74:36:08

– NATIONAL EMISSION ST ANDARDS FOR HAZARDOU S AIR POLLUTANTS
................................ ................................ ................................ ................................ ................... 5 9.0 CHAPTER 74:36:09

– PREVENTION OF SIGNIF ICANT DETERIORATION
................................ ....... 5 10.0 CHAPTER 74:36:10

– NEW SOURCE REVIEW
................................ ................................ ..................... 7 11.0 CHAPTER 74:36:11

– PERFORMANCE TESTING
................................ ................................ ................ 7 12.0 CHAPTER 74:36:12

– CONTROL OF VISIBLE E MISSIONS
................................ ............................... 8 13.0 CHAPTER 74:36:13

– CONTINUOUS EMISSION MONITORING SYSTEMS
................................ .. 8 14.0 CHAPTER 74:36:16

– ACID RAIN PROGRAM
................................ ................................ ....................... 8 15.0 CHAPTER 74:36:18

– REGULATIONS FOR STAT E FACILITIES IN THE RAPID CITY AREA
.. 9 16.0 CHAPTER 74:36:20

– CONSTRUCTION PERMITS FOR NEW SOURCES OR M ODIFICATIONS 9 17.0 CHAPTER 74:36:21

– REGIONAL HAZE PROGRA M
................................ ................................ ........ 101



### 1.0 Background The Air Quality Program within the South Dakota Department of Environment and Natural Resources (DENR) implements federal air quality programs. There are several methods by which the U.S. Environmental Protection Agency (EPA) gives states approval to imple ment federal air quality programs. The more traditional method is for states to adopt rules and submit the state rules to EPA for implementation into what is known as a state implementation plan (SIP). For this process, EPA reviews the state’s rules to det ermine if the rules are equivalent to the federal regulations. If the state’s rules are equivalent, EPA approves the state’s rules through a federal register notice. A second method for administrating a federal air quality program is to request delegatio n of the program. The first step in requesting delegation is to adopt state rules that are equivalent to the federal regulations. Adopting the federal regulations by reference is the simplest method DENR has found to achieve this goal.

A third method fo r administrating a federal air quality program is to have the program approved. As with the first two methods of implementing a federal air quality program, the state must adopt rules that are equivalent to the federal program and submit the rules to EPA f or approval

. The proposed revisions to South Dakota’s Air Pollution Control Program are discussed in the following chapters and may be viewed in Appendix A.


### 2.0 Chapter 74:36:01

– Definitions
Chapter 74:36:01 defines the terms used throughout Article 74:36

– Air Pollution Control Program. EPA approved sections 74:36:01:01 through 74:36:01: 2 1 of this chapter into South Dakota’s SIP

. The definitions in Chapter 74:36:01 are reviewed periodically t o ensure they are up
- to

- date and consistent with the other Air Quality Program chapters. There are six definitions in Chapter 74:36:01 that reference federal regulations. T he federal regulations are periodically update d to ensure these definitions are co nsistent with the federal regulations. For example, the definition of a volatile organic compound is revised periodically by EPA by adding compounds to the list of organic compounds that have negligible photochemical reactivity, and therefore, are not cons idered a volatile organic compound. The sections in Chapter 74:36:01 that require updating the reference date t o the most current version of the federal reference as of July 1, 2014 , involve the following:

1. 74:36:01:01(8); 2. 74:36:01:01(29); 3. 74:36:01:01(67); 4. 74: 36:01:01(73); 5. 74:36:01:05; and 6. 74:36:01:20

.2

Based on DENR’s experience, certain modifications to existing operations at permitted facilities result in an insignificant increase in air pollution. As such, South Dakota regulations identified these sourc es as insignificant activities. Insignificant activities were not required to be included in an operating or construction permit. However, South Dakota’s regulations contained a “catch all” clause that stated an emission unit that was applicable to a fed eral or state standard could not be considered insignificant regardless of its insignificant increase in air pollution. In the past few years, EPA has promulgated several federal regulations covering these small sources of air pollution (e.g. generators, boilers, gas dispensing facilities, etc.)

. As such, South Dakota’s “catch all” clause is requiring these small sources of air pollutant s to now be included in the air quality permits and to undergo the same permitting process as projects with significant increases in emissions of air pollutants. South Dakota’s regulations as initial written were not intended to require these small sources to have to go through the same permitting process as projects with significant increases of air pollutants. In July 2011, EPA promulgated a federal minor source review program in Indian country, which does not require a construction permit for new sources or modifications to existing sources if emi ssions are below the minor New Source Review threshold in Table 1 of 40 CFR § 49.153. The federal program allows existing sources with permits to administratively amend its existing permit to include these small sources of air pollutants.

T o be consistent with EPA and to streamline the process for insignificant increases i n air pollution , DENR is proposing to add “insignificant increase in allowable emissions” to the definition of “permit revision” in section 74:36:01(5 0 ) and an exception to the definition of “modification” in section 74:36:01:10 , which will allow construct ion projects to move forward if the air pollution increase meets the definition of an “ insignificant increase in allowable emissions

. ” DENR is proposing to add a definition for, “ i nsignificant increase in allow able emissions,” derived from Table 1 in 40 CF R § 49.153

. This process would still require a small source of air pollution to be covered by an air quality permit but would use a process similar to EPA’s administrative amendment process. These sources have been and are expected to continue to be inco nsequential to attainment or maintenance of the National Ambient Air Quality Standards. The proposed changes to Chapter 74:36:01 may be observed in Appendix A.


### 3.0 Chapter 74:36:02

– Ambient Air Quality
Chapter 74:36:02 establishes the air quality goals and ambient air quality standards for South Dakota

. EPA approved sections 74:36:02:01 through 74:36:02:05 of this chapter into South Dakota’s SIP : The reference date for the federal regulation is proposed to be updated to the most current version of the federal reference of July 1, 2014. This revision will update any minor inconsistency between South Dakota’s SIP and EPA’s federal regulations as of July 1, 2014. The following sections in Chapter 74:36:02 involve this type of change :
1. 74:36:02:02;3

2. 74:36:02:03; 3. 74:36:02:04; and 4. 74:36:02:05

. The proposed changes to Chapter 74:36:02 may be observed in Appendix A.


### 4.0 Chapter 74:36:03

– Air Quality Episodes
Chapter 74:36:03 identifies the contingency plan DENR will follow during an air pollution emergency episode. EPA approved sections 74:36:03:01 and 74:36:03:02 of this chapter into South Dakota’s SIP. The reference date for the federal regulation is proposed to be updated to the most current version of the federal reference of July 1, 201 4 . This revision will update any minor inconsistency between South Dakota’s SIP and EPA’s federal regulations as of July 1, 201 4

. These changes involve 74:36:03:01 a nd 74:36:03:02. The proposed changes to Chapter 74:36:03 may be observed in Appendix A.


### 5.0 Chapter 74:36:04

– Operating Permits for Minor Sources
Chapter 74:36:04 is South Dakota’s minor air quality operating permit program . EPA approved sections 74: 36:04:01 through 74:36:04:33 of this chapter into South Dakota’s SIP

. The reference date for the federal regulation is proposed to be updated to the most current version of the federal reference of July 1, 2014 . This revision will update any minor inconsistency between South Dakota’s SIP and EPA’s federal regulations as of July 1, 20 14

. Th i s type of change involves section 74:36:04:04.

Section 74:36:04:03 lists emission units that are exempt from inclusion in a minor air quality operating permit. Emission units may not be exempted if federally enforceable limits have been included in the permit to avoid other permits. The revisions are being proposed to clarify that any unit that is applicable to a federal rule in Chapter 74:36:07

– New Source Performance Standards and Chapter 74:36:08

– National Emission Standards for Hazardous Air Pollutants may not be exempted from inclusion in the minor air quality operating permit. This will ensure that the business underst ands and complies with all of the federal requirements. As discussed in Chapter 2.0, a definition for “ insignificant increase in allowable emissions ” is being proposed to account for all of the new federal standards covering small sources of air pollutants, to stream line the permitting actions for these small sources, and to be consistent with the federal permitting requirements. As such, the revisi ons are proposing to add section 74:36: 04:21.01 which will identify procedures for processing an application for activities that are considered an “insignificant increase in allowable emissions .” This process will allow construction projects to move forwar d if the air pollution increase meets the definition of an “insignificant increase in allowable emissions

. ”4

The proposed changes to Chapter 74:36:04 may be observed in Appendix A.


### 6.0 Chapter 74:36:05

– Operating Permits for Part 70 Sources
Chapter 74:36:05 is South Dakota’s Title V air quality operating permit program, which is also referred to as an Operating Permit for Part 70 Sources program. Title V air quality operating permit programs are not part of South Dakota’s SIP ; however , EPA ha s approved South Dakota’s permit program. This program is located in section 74:35:05:01 through 74:35:05:52. The reference date for the federal regulation is proposed to be updated to the most current version of the federal reference of July 1, 201 4

. This revision will update any minor inconsistency between South Dakota’s SIP and EPA’s federal regulations as of July 1, 201 4

. These types of changes are in the following sections :
1. 74:36:05:04 ; 2. 74:36:05:06; and 3. 74:36:05:16.01.

Section 74:36:05:04.01 lists insignificant activities that are exempt from inclusion in a Title V air quality operating permit

. Emission units may not be exempted if federally enforceable limits have been included in the permit to avoid other permits. DENR is proposing to clarif y that any insignificant activity that is applicable to a federal rule in Chapter 74:36:07

– New Source Performance Standards and Chapter 74:36:08

– National Emission Standards for Hazardous Air Pollutants, be included in the Title V air quality operating permit. This proposal will ensure that businesses understand and comply with all of the federal requirements. As discussed in Chapter 2.0, a definition for “ insignificant increase in allowable emissions ” is being proposed to account for all of the new fe deral standards covering small sources of air pollutants, to stream line the permitting actions for these small sources, and to be consistent with the federal permitting requirements. As such, the revisions are proposing to add section 74:36:05:39.01 which will identify procedures for processing an application for activities that are considered an “insignificant increase in allowable emissions

. ” This process will allow construction projects to move forward if the air poll ution increase meets the definition of an “insignificant increase in allowable emissions

. ” The proposed changes to Chapter 74:36:05 may be observed in Appendix A.


### 7.0 Chapter 74:36:07

– New Source Performance Standards Chapter 74:36:07 includes all of t he federal new source performance standards DENR has adopted by reference to maintain delegation of this program However, the following three sections are not delegated but are included in South Dakota’s SIP:

1. 74:36:07:08

– Ash disposal requirements; 2. 74:36: 07: 29

– Operating requirements for wire reclamation furnaces; and 3. 74:36: 07: 30

– Monitoring requirements for wire reclamation furnaces.5

The ash disposal requirements are for municipal waste combustor s and reference Article 74:27 , which are DENR’s so lid waste requirements. The sections on wire reclamation furnaces were developed to ensure existing wire reclamation furnaces were minimiz ing air emissions and conducting monitoring to ensure compliance. None of these sections are being revised at this tim e. This chapter was last updated in June 201 3 , when the federal regulations promulgated as of July 1, 20 12 , were adopted by reference. The reference date for the federal regulation is proposed to be updated to the most current version of the federal refe rence of July 1, 201 4 . This revision will update any minor inconsistency between South Dakota’s rules and EPA’s federal regulations as of July 1, 201 4

. There are 98 sections in this chapter. All but five are impacted by this proposed revision.

EPA has promulgated new standards since the last update to this chapter. The following section is proposed to be included in Chapter 74:36:07 :
1. 74:36:07:9 4

– Standards of performance for crude oil and natural gas production, transmission and distribution This federal regulation establishes standards of performance for crude oil and natural gas production, transmission and distribution that commence construction, modification, or reconstruction after August 23, 2011

. This standard is located in 40 CFR Part 60, subpart OOOO (July 1, 201 4 ). DENR is proposing to adopt this standard by reference to ensure DENR has the proper regulations in place in case these federal rules are applicable in the future to the oil and natural gas industry in South Dakota

. The proposed changes to Chapter 74:36:07 may be observed in Appendix A

. 

### 8 .0 Chapter 74:36:08

– National Emission Standards for Hazardous Air Pollutants Chapter 74:36:08 includes all of the federal regulations DENR has adopted by reference to maintain delega tion of federal standard s applicable to hazardous air pollutants. The revision process for chapter 74:36:08 is similar to the revision process for chapter 74:36:07. The reference date for the federal regulation is proposed to be updated to the most current version of the federal reference of July 1, 201 4 . This revision will update any minor inconsistency between South Dakota’s rules and EPA’s federal regulations as of July 1, 201 4

. There are 138 sections in this chapter. All but the first section is being revised. The propose d changes to Chapter 74:36:08 may be observed in Appendix A.


### 9.0 Chapter 74:36:09

– Prevention of Significant Deterioration6

Chapter 74:36:09 is DENR’s Prevention of Significant Deterioration preconstruction permit program fo r large sources in areas of the state that attain the federal National Ambient Air Quality Standards identified in Chapter 74:36:02. Facilities in the past that have been subject to this type of permit are the Big Stone II coal

- fired power plant project in 2 008 and the Hyperion oil refinery project in 2 009 . EPA approved the Prevention of Significant Deterioration preconstruction permit program in South Dakota’s SIP . The Prevention of Significant Deterioration preconstruction permit program consists of sections 74:36:09:01 through 74:36:09:03 of this chapter. The reference date for the federal regulation is proposed to be updated to the most current version of the federal reference of July 1, 201 4 . This revision will update any minor inconsistency betw een South Dakota’s SIP and EPA’s federal regulations as of July 1, 201 4

. These changes involve sections 74:36:09:02 and 74:36:09:03. According to the Clean Air Act, once a pollutant is regulated under any part of the Act, (as was the case with greenhou se gas emissions after the motor vehicle regulations were finalized in March 2010) major new sources or major modifications are subject to the PSD program and Title V air quality operating permit program. Under the Clean Air Act, PSD and Title V air quali ty operating permits are required for all sources that emit a regulated air pollutant above 100 or 250 tons per year, depending on the source. This threshold, if applied to greenhouse gases, would greatly increase the number of facilities requiring a PSD r eview or Title V air quality operating permit. Based on administrative necessity, EPA increased these thresholds through the “Tailoring Rule.” On May 13, 2010, EPA issued the final version of the “Tailoring Rule” for greenhouse gas emissions. The major source threshold s for greenhouse gases are listed below:

1. New PSD source because of a criteria air pollutant, the major source threshold for greenhouse gases is 75,000 tons per year of carbon dioxide equivalent or more; 2. New PSD source if greenhouse gas emi ssions are 100,000 tons per year of carbon dioxide equivalent or more; 3. For an existing PSD source because of a criteria air pollutant, a major modification for greenhouse gases is an increase of 75,000 tons per year of carbon dioxide equivalent or more; 4. Fo r an existing non

- PSD source that has the potential to emit 100,000 tons per year of carbon dioxide equivalent emissions or more, a major modification for greenhouse gases is an increase of 75,000 tons per year of carbon dioxide equivalent or more; and 5. In addition to subsection (2) and (4), a specific greenhouse gas, without calculating the carbon dioxide equivalent, also needs to emit greater than 100 or 250 tons per year, whichever is applicable, to be regulated. On June 24, 2014, the Supreme Court of t he United States ruled that greenhouse gases may not be regulated under the PSD program unless the facility requires a PSD permit for the other regulated air pollutants. The Supreme Court ruling also changed the permitting requirements for7

greenhouse gase s in Chapter 74:36:05. Therefore, DENR is proposing to revise its greenhouse gas requirements for Chapter 74:36:05 and 74:36:09. The proposed changes to Chapter 74:36:09 may be observed in Appendix A.


### 10.0 Chapter 74:36:10

– New Source Review

C hapter 74:36:10 is DENR’s New Source Review preconstruction permit program for large sources in areas of the state that are not attaining the federal National Ambient Air Quality Standards identified in Chapter 74:36:02. All of South Dakota is in attainmen t with the federal standards; therefore, there are no facilities that require a preconstruction permit under this program. EPA approved sections 74:36:10:01 through 74:36:10: 08 of this chapter into South Dakota’s SIP.

The reference date for the federal re gulation is proposed to be updated to the most current version of the federal reference of July 1, 201 4 . This revision will update any minor inconsistency between South Dakota’s SIP and EPA’s federal regulations as of July 1, 201 4

. These changes involve the following sections:

1. 74:36:10:02; 2. 74:36:10:03.01; 3. 74:36:10:05; 4. 74:36:10:07; and 5. 74:36:10:08. On December 24, 2003, several definitions for new source review were stayed indefinitely by a court order. On March 30, 2011, EPA extended the stay of the “ Fugitive Emissions Rule” under the new source review program. The extension clarified the stay and revisions of specific paragraphs in the new source review program affected by the Fugitive Emissions Rule. Changes are proposed to revise South Dakota’s SIP to remove these references. These changes involve section 7 4:36:10:0 2

. On January 22, 2013, the United States Court of Appeals for the District of Columbia Circuit vacated the s ignificant i mpact l evels for particulate matter less than 2.5 microns ( PM2.5 ) in the new source review program. Changes are proposed to remove the significant impact levels for PM2.5 from South Dakota’s SIP. T hese changes involve section 74:36:10:06.
The proposed changes to Chapter 74:36:10 may be observed in Appendix A.


### 11.0 Chapter 74:36:11

– Performance Testing Chapter 74:36:11 identifies the performance testing requirements used by permitted facilities to demonstrate compliance with permit limits. EPA approved sections 74:36:11:01 through 74:36:11:04 of this chapter into South Dakota’s SIP.8

The reference date for the federal regulation is proposed to be updated to the most current version of the federal reference of July 1, 201 4 . This revision will update any minor inconsistency between South Dakota’s SIP and EPA’s federal regulations as of July 1, 201 4

. These changes involve section 74:36:11:01. The proposed changes to Chapter 74:36:11 may be observed in Appendix A.


### 12.0 Chapter 74:36:12

– Control of Visible Emissions Chapter 74:36:12 identifies visible emission limits for units that emit air pollution. It also identifies exception s to the limits for certain instances such as brief periods during soot blowing, startup, shutdown, and malfunctions. E PA approved sections 74:36:12:01 throu gh 74:36:12:03 of this chapter into South Dakota’s SIP. The reference date for the federal regulation is proposed to be updated to the most current version of the federal reference of July 1, 201 4 . This revision will update any minor inconsistency betwee n South Dakota’s SIP and EPA’s federal regulations as of July 1, 201 4

. These changes involve sections 74:36:12:01 and 74:36:12:03. The proposed changes to Chapter 74:36:12 may be observed in Appendix A.


### 13.0 Chapter 74:36:13

– Continuous Emission Monit oring Systems Chapter 74:36:13 identifies the continuous emission monitoring requirements for sources required to install continuous monitoring equipment by the Secretary. EPA approved sections 74:36:13:01 through 74:36:13:07 of this chapter into South Dakota’s SIP. Section 74:36:13:08 is not part of South Dakota’s SIP but was approved by EPA as part of South Dakota’s Title V air quality operating permitting p rogram noted in Chapter 74:36:05. The reference date for the federal regulation is proposed to be updated to the most current version of the federal reference of July 1, 201 4 . This revision will update any minor inconsistency between South Dakota’s SIP, approved Tit le V permitting Program and EPA’s federal regulations as of July 1, 201 4 . These changes involve the following sections:

1. 74:36:13:02; 2. 74:36:13:03; 3. 74:36:13:04; 4. 74:36:13:06; 5. 74:36:13:07; and 6. 74:36:13:08. The proposed changes to Chapter 74:36:13 may be observed in Appendix A.


### 14.0 Chapter 74:36:16

– Acid Rain Program9

South Dakota’s Acid Rain Program is similar to Chapter 74:36:07

– New source performance standards and Chapter 74:36:08

– National emission standards for hazardous air pollutants. This chapter is delegated to South Dakota by EPA. The reference date for the federal regulation is proposed to be updated to the most current version of the federal reference of July 1, 201 4 . This revision will update any minor inconsistency between South Dakota’s SIP and EPA’s federal regulations as of July 1, 201 4

. These changes invovle the following sections:

1. 74:36:16:01; 2. 74:36:16:02; 3. 74:36:16:04; and 4. 74:36:16:05. The proposed changes to Chapter 74:36:16 may be observed in Appendix A.


### 15.0 Chapter 74:36:18

– Regulations for State Facilities in the Rapid City Area Chapter 74:36:18 is part of South Dakota’s SIP and EPA approved sections 74:36:18:01 through 74:36:18 :12 of this chapter into South Dakota’s SIP. The reference date for the federal regulation is proposed to be updated to the most current version of the federal reference of July 1, 201 4 . This revision will update any minor inconsistency between South Dakota’s SIP and EPA’s federal regulations as of July 1, 201 4

. These changes involve section 74:36:18:10. The proposed changes to Chapter 74:36:18 may be observed in Appendix A

.



### 16.0 Chapter 74:36:20

– Construction Permits for New Sources or Modificat ions Chapter 74:36:20 requires an air quality construction permit for new businesses/facilities and existing businesses/facilities that modify their operations that do not meet the requirements for obtaining a preconstruction permit in Chapters 74:36:09 and 74:36:10. DENR submitted Chapter 74:36:20 to EPA for inclusion in South Dakota’s SIP. EPA approved Chapter 74:36:20 in South Dakota’s SIP on June 27, 2014, except for the phrase , “unless it meets the requirements in section 74:36:20:02.01 , ”and all of section 74:36:20:02.01. Section 74:36:20:02.01 allows small projects to start construction prior to receiving a construction permit but does not allow them to start op eration until the construction permit has been issued. The intention of the language was to allow construction of small sources that would not impact South Dakota’s ability to achieve and/or maintain the National Ambient Air Quality Standards because of S outh Dakota’s relative short construction season due to ground freezing during our winter season or other inclement weather that could potentially and unnecessar ily delay the construction project.10

Changes are proposed to resolve the issue with EPA ’s disapproval of section 74:36:20:02

. 01 in South Dakota’s SIP

. Currently, EPA allow s the construction of concrete foundations, below

ground plum bi ng, ductwork, or other infrastructure and/or excavation work prior to the issuance of the construction permit. DENR is proposing to limit what can be constructed prior to the issuance of the construction permit to what EPA has allowed

. After completion of these pre
permit activities there should be no anticipated increases in emissions of regulated air pollutant s associated with them. The proposed changes would also minimize potential delays in the construction of an entire project due to South Dakota’s limited construction season. These proposed changes involve sections 74:36:20:02 and 74:36:20:02.01

. The reference date for the federal regulation is proposed to be updated to the most current version of the federal reference of July 1, 201 4 . This revision will update any minor inconsistency between South Dakota’s SIP and EPA’s federal regulations as of July 1, 201 4

. These proposed changes involve section 74:36:20:05. As discussed in Chapter 2.0, a definition for “ insignificant increase in allowable emissions ” is being proposed to account for all of the new federal standards covering small sources of air pollutants, to stream line the permitting actions for these small sources, and to be consistent with the federal permitting requirements. As such, the revisi ons are proposing to add section 74:36:20:05.01 which will identify procedures for processing an application for activities that are considered an “insignificant increase in allowable emissions”. This process will allow construction projects to move forwar d if the air pollution increase meets the definition of an “insignificant increase in allowable emissions”. The proposed changes to Chapter 74:36:20 may be observed in Appendix A.


### 17.0 Chapter 74:36:21

– Regional Haze Program Chapter 74:36:21 contain s the requirements DENR agreed to as part of South Dakota’s Regional Haze Program. EPA approved sections 74:36:21:01 through 74:36:21:12 of this chapter into South Dakota’s SIP. The reference date for the federal regulation is proposed to be updated to the most current version of the federal reference of July 1, 201 4 . This revision will update any minor inconsistency between South Dakota’s SIP and EPA’s federal regulations as of July 1, 201 4

. These proposed changes involve sections 7 4:36:21:02; 74:36:2 1:04 ; 74:36:21:05 ; and 74:36:21:09. The proposed changes to Chapter 74:36:21 may be observed in Appendix A.

# Appendix A Proposed Amendments

To
ARSD 74:36

– Air Pollution Control ProgramA

- 1 ARTICLE 74:36

AIR POLLUTION CONTROL PROGRAM

Chapter

74:36:01 Definitions.

74:36:02 Ambient air quality.

74:36:03 Air quality episodes.

74:36:04 Operating permits for minor sources.

74:36:05 Operating permits for Part 70 sources.

74:36:06 Regulated air pollutan t emissions.

74:36:07 New source performance standards.

74:36:08 National emission standards for hazardous air pollutants.

74:36:09 Prevention of significant deterioration.

74:36:10 New source review.

74:36:11 Performance testing.

74:36:12 Cont rol of visible emissions.

74:36:13 Continuous emission monitoring systems.

74:36:14 Variances, Repealed.

74:36:15 Open burning, Transferred or Repealed.

74:36:16 Acid rain program.

74:36:17 Rapid City street sanding and deicing.A

- 2

74:36:18 Regulations for state facilities in the Rapid City area.

74:36:19 Mercury budget trading program, Repealed.

74:36:20 Construction permits for new sources or modifications.

74:36:21 Regional haze program.

CHAPTER 74:36:01

DEFINITIONS

Section

74:3 6:01:01 Definitions.

74:36:01:02 Repealed.

74:36:01:03 Administrative permit amendment defined.

74:36:01:04 Affected states defined.

74:36:01:05 Applicable requirements of the Clean Air Act defined.

74:36:01:06 Complete application defined.

74:36:01:07 Repealed.

74:36:01:08 Major source defined.

74:36:01:09 Categories of sources defined.

74:36:01:10 Modification defined.

74:36:01:10.01 Insignificant increase in allowable emissions.A

- 3

74:36:01:11 National ambient air quality standard (NAAQS ).

74:36:01:12 Potential to emit defined.

74:36:01:13 Process weight rate defined.

74:36:01:14 Repealed.

74:36:01:15 Regulated air pollutant defined.

74:36:01:16 Responsible official defined.

74:36:01:17 Repealed.

74:36:01:18 Municipal solid waste l andfill defined.

74:36:01:19 Existing municipal solid waste landfill defined.

74:36:01:20 Physical change in or change in the method of operation defined.

74:36:01:21 Commenced construction defined.

74:36:01:01. Definitions. Unless otherwise specified, the terms used in this article mean:

(1) "Act," chapter 34A

- 1 of the South Dakota Codified Laws;

(2) "Acid rain permit," a legally binding written document or portion of a document that is issued by the department and spe cifies the acid rain program requirements applicable to an affected source and to the owners and operators and the designated representative of the affected

source;A

- 4

(3) "Acid rain program," the national sulfur dioxide and nitrogen oxides air pollution

c ontrol and emissions reduction program established in accordance with Title IV of the Clean
Air Act;

(4) "Administrator," the administrator of the Environmental Protection Agency or the secretary or their authorized representatives;

(5) "Affected sou rce," a source that includes one or more affected units under Title IV of
the Clean Air Act;

(6) "Affected unit," a unit that is subject to any of the emission reduction requirements or emission limits pursuant to Title IV of the Clean Air Act or chapte r 74:36:16;

(7) "Air pollutant," one or a combination of the regulated air pollutants listed in
§ 74:36:01:15;

(8) "Allowable emissions," the emission rate calculated using the maximum rated capacity of a source unless the source is subject to federa lly enforceable limits which restrict operating rate, hours of operation, or both, and the most stringent of the following:

(a) The applicable new source performance standards in chapter 74:36:07; (b) The applicable national emission standards in ch apter 74:36:08;A

- 5

(c) Any applicable emission limitations specified in this article, including those with a future compliance date; (d) The emission rate specified as a permit condition; or (e) The applicable standards in 40 C.F.R. Part 60, 61, or 6 3 ( July 1, 2012 July 1, 201 4 );

(9) "Ambient air," that portion of the atmosphere external to buildings to which the general public has access;

(10) "ASTM," the American Society for Testing and Materials;

(11) "Board," the Board of Minerals and Environment;

(12) "Btu," British thermal unit;

(13) "CO," carbon monoxide;

(14) "Chairman," chairman of the board;

(15) "Clean Air Act," the Clean Air Act, 42 U.S.C. 7401 et seq., as amended through January 1, 2010;

(16) "Clean Air Act Amend ments," the amendments to the Clean Air Act enacted in Pub.

L. No. 101

- 549, November 15, 1990;A

- 6

(17) "Control equipment," a device which prevents or reduces emissions;

(18) "Criteria pollutant," selected and specified pollutants for which limiting amb ient air quality standards have been set, including sulfur dioxides, particulate matter, carbon monoxide, ozone, nitrogen oxides, and lead;

(19) "Department," the South Dakota Department of Environment and Natural Resources;

(20) "Designated represen tative," the responsible person or official authorized by the owner or operator of an affected unit, in accordance with the Clean Air Act, to represent the owner or operator in matters pertaining to the holding, transfer, or disposition of allowances

alloc ated to the unit and the submission of and compliance with permits, permit applications, and compliance plans for the unit;

(21) "Draft permit," the version of a permit for which the department offers public participation or affected state review;

(22) "Emissions allowable under the permit," a federally enforceable permit term or condition determined at issuance to be required by an applicable requirement that establishes an emissions limit, including work practice standards, or a federally enforce able emissions cap that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject;A

- 7

(23) "Emission standard," the maximum amount of a pollutant legally permitted to be discharged from a single unit;

(24) "Emission unit," "Unit," any part or activity of a stationary source which emits or has the potential to emit a regulated air pollutant or any pollutant listed under section 112(b) of the
Clean Air Act;

(25) "EPA," the Environmental Protection Agency;

(26) "Equivalent method," any method of sampling and analysis for an air pollutant which has a consistent and quantitatively known relationship to the reference method under specified
conditions;

(27) "Existing source," a source that has an approved s tate

- issued permit;

(28) "Facility," a building, structure, or installation of pollutant

- emitting activities which belong to the same industrial grouping, located on one or more contiguous or adjacent properties and under the control of the same person or of persons under common control, except the

activities of a water

- borne vessel. Pollutant

- emitting activities are part of the same industrial grouping if they belong to the same major group, i.e., have the same two

- digit code, as described

in the Standa rd Industrial Classification Manual, 1987;A

- 8

(29) "Federally enforceable," all limits and conditions that are enforceable by the administrator of EPA pursuant to federal law. These limits and conditions include those requirements developed pursuant to thi s article, those appearing in 40 C.F.R. §§ 60 and 61 ( July
1, 2012 July 1, 2014 ) , requirements within the state implementation plan, and permit requirements established pursuant to this article or 40 C.F.R. § 51 Subpart I ( July 1, 2012 July 1,

201 4 ). The u se of this term does not impede the department's authority under state law to enforce
these limits and conditions;

(30) "Final permit" the version of an operating permit issued by the permitting authority for a source that has completed all required rev iew procedures;

(31) "Fuel

- burning unit," a furnace, boiler, apparatus, stack, or any of their components used in the process of burning fuel or other combustible material for the primary purposes of producing heat or power by indirect heat transfer;

(32) "Fugitive emissions," those air pollutants which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening;

(33) "General permit," a permit issued by the board in accordance with SDCL 34A

- 1

- 56 that may be m ade applicable to numerous similar sources;A

- 9

(34) "Heat input," the aggregate heat content of all fuels whose products of combustion pass through a stack or stacks, using the heat input value of the equipment manufacturer's or designer's guaranteed maxim um input, whichever is greater;

(35) "Incinerator," a furnace used to burn solid waste to reduce the volume of the waste by removing its combustible material;

(36) "Malfunction," any sudden and unavoidable failure of air pollution control equipment or process equipment or of a process to operate in a normal or usual manner, but not a failure caused entirely or in part by poor maintenance, careless operation, preventable equipment breakdown, or any other cause within the control of the owner or operat or of the source;

(37) "Minor source," a source whose potential emissions of a criteria pollutant are less than 100 tons a year and which does not meet the definition of a Part 70 source;

(38) "New source," a source that has not been constructed and does not possess a permit;

(39) "Nonattainment area," an area that does not meet or that contributes to ambient air quality in a nearby area that does not meet the national primary or secondary ambient air quality standard for the pollutant;

(40) "NS R," new source review;A

- 10

(41) "Opacity," the degree to which emissions reduce the transmission of light and obscure the view of an object in the background;

(42) "Open burning," the burning of any matter in such a manner that the products of

combustion resulting from the burning are emitted directly into the ambient air without passage through a stack, duct, or chimney;

(43) "Operating permit," a written authorization issued by the board or the secretary for the operation of a source;

(44) "Owner or operator," any person who owns, leases, operates, controls, or supervises a

source;

(45) Repealed;

(46) "Part 70 operating permit," any permit or group of permits covering a Part 70 source
that is issued, renewed, amended, or revised;

(47) "Part 70 source," any source subject to § 74:36:05:03;

(48) "Particulate matter," a broad class of chemically and physically diverse substances that exist as discrete particles, liquid droplets, or solids over a wide range of sizes;A

- 11

(49) "Permi t modification," a change to a source which operates under a minor source operating permit or Part 70 operating permit that meets the requirements of § 74:36:01:10;

(50) "Permit revision," a revision to a minor source operating permit or Part 70 operati ng permit to incorporate a permit modification, administrative permit amendment, insignificant increase in allowable emissions, or minor permit amendment;

(51) "Person," an individual, corporation, partnership, firm, association, trust, estate, public o r private institution, group, agency, political subdivision or state agency or any legal successor, representative, agent, or agency of the foregoing;

(52) "PM10," particulate matter with an aerodynamic diameter less than or equal to a

nominal ten micro meters as measured by an applicable reference or equivalent method;

(53) "Proposed Part 70 operating permit," a permit that the department has forwarded to EPA for review after the closure of the public notice period and after considering any public

com ments, including those from affected states;

(54) "PSD," prevention of significant deterioration;

(55) Repealed;A

- 12

(56) "Salvage operation," an operation conducted in whole or in part for the reclaiming of product or material;

(57) "Secretary," t he secretary of the South Dakota Department of Environment and Natural Resources or an authorized representative;

(58) "Shutdown," the cessation of operation of any control equipment, process equipment, or process for any purposes;

(59) "Smoke," smal l gas

- borne particles resulting from incomplete combustion, consisting predominantly, but not exclusively, of carbon, ash, and other combustible material, that form a visible plume in the air;

(60) "Source," a facility that emits or may emit any air pollutant regulated under the Clean
Air Act;

(61) "Start

- up," the setting into operation of any control equipment, process equipment, or process for any purpose;

(62) "Title I," Title I of the Clean Air Act Amendments, provisions for attainment and

m aintenance of national ambient air quality standards;

(63) "Title IV," Title IV of the Clean Air Act Amendments, acid deposition control;A

- 13

(64) "Title V," Title V of the Clean Air Act Amendments, permits;

(65) "Title VI," Title VI of the Clean Air Act Amendments, stratospheric ozone protection;

(66) Repealed;

(67) "VOC," "volatile organic compounds," as defined in 40 C.F.R. § 51.100(s) ( July 1,

2012 July 1, 2014 );

(68) "Wire reclamation furnace," a furnace that uses either direct or indirec t heat transfer to salvage nonferrous metals through the thermal destruction of solid waste materials;

(69) "PM2.5," particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers as measured by an applicable reference o r equivalent method;

(70) "SO2," sulfur dioxide;

(71) "NO2," nitrogen dioxide;

(72) "Construction permit," a written authorization issued by the board or the secretary for the construction and operation of a new source or modification to an existing source; andA

- 14

(73) "Subject to regulation," as defined in 40 CFR § 70.2 (July 1, 2012), as revised in publication 75 Fed. Reg. 31607 (June 3, 2010), in accordance with EPA requirements. Subject to regulation means, for any air pollutant, that the pollutant is subject to either a provision in the Clean Air Act, or a nationally

- applicable regulation codified by the Administrator in subchapter C of this chapter, that requires actual control of the quantity of emissions of that pollutant, and that such a control requirement has taken effect and is operative to control, limit or restrict the quantity of emissions of that pollutant released from the regulated activity. G reenhouse gases are not subject to regulation unless a PSD preconstruction permit is i ssued regulating greenhouse gases in accordance with chapter

74:36:09.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from
§ 34:10:01:01, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:01, effective July 1, 1981; 8 SDR 71, effective December 21, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferr ed from
§ 74:26:01:01, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 37 SDR 182, effective April 20, 2011; 39 SDR
219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6.A

- 15

Law Implemented: SDCL 34A

- 1

- 6.

Reference: Standard Industrial Classif ication Manual, 1987, Executive Office of the President, Office of Management and Budget. Copies may be obtained from National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161, order no. PB 87

- 100012. Cost: $31.

74:36:01:0 5. Applicable requirements of the Clean Air Act defined. Applicable requirements of the Clean Air Act include all of the following as they apply to emissions units in a Part 70 source, unless the context of the Clean Air Act requires otherwise:

(1) Any standard or other requirement provided for in the applicable implementation plan approved or promulgated by EPA through rulemaking under Title I of the Clean Air Act that implements the relevant requirements of the Clean Air Act, including any revisions t o that plan promulgated in Part 52 of 40 C.F.R. ( July 1, 2012 July 1, 2014 );

(2) Any term or condition of any preconstruction permits issued pursuant to regulations approved through rulemaking under Title I, including Parts C or D, of the Clean Air Act;

(3) Any standard or other requirement under § 111 of the Clean Air Act, including
§ 111(d);A

- 16

(4) Any standard or other requirement under § 112 of the Clean Air Act, including any requirement concerning accident prevention under § 112(r)(7) of the Cle an Air Act;

(5) Any standard or other requirement of the acid rain program under Title IV of the Clean Air Act or the regulations promulgated under it;

(6) Any monitoring, reporting, and certification requirements established pursuant to
§ 504(b) or 114(a)(3) of the Clean Air Act;

(7) Any standard or other requirement governing solid waste incineration, under § 129 of
the Clean Air Act;

(8) Any standard or other requirement for consumer and commercial products, under
§ 183(e) of the Clean Air Act;

(9) Any standard or other requirement for tank vessels, under § 183(f) of the Clean Air
Act;

(10) Any standard or other requirement of the program to control air pollution from outer
continental shelf sources, under § 328 of the Clean Air Act;A

- 17

(11) Any standard or other requirement of the regulations promulgated to protect stratospheric ozone under Title VI of the Clean Air Act, unless the administrator of the EPA has determined that such requirements need not be contained in a Part 70 operati ng permit; and

(12) Any national ambient air quality standard or increment or visibility requirement under Part C of Title I of the Clean Air Act, but only as it would apply to temporary sources permitted pursuant to § 504(e) of the Clean Air Act.

Sou rce: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective
June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective Ju ne 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 6.

74:36:01:10. Modification defined. Modification is a physical change in or change in the method of operation of a source that results in at least one of the following:

(1) An increase in the amount of an air pollutant emitted by that source or in the emission of an air pollutant not previously emitted , except for an insignificant increase in allowable emissions as specified in § 74:36:01:10.01 ;

(2) A significant chan ge to existing monitoring, reporting, or record keeping requirements in the permit;A

- 18

(3) The change requires or changes a case

- by

- case determination of an emission limit or
other standard, a source

- specific determination for temporary sources of ambient impacts, or a visibility or increment analysis; or

(4) The change seeks to establish or change a permit term or condition for which there is a corresponding underlying applicable requirement that the source has assumed to avoid an applicable requirement, a federally enforceable emissions cap assumed to avoid classification as a modification under any provision of Title I, or an alternative emissions limit approved pursuant to regulations promulgated under § 112(i)(5) of the Clean Air Act.

So urce: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from
§ 34:10:01:01(18), 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:02, effective July 1, 1981; 8 SDR 71, effective December 21, 1981; 13 SDR 129, 13 SDR 141, ef fective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:02, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 31 SDR 101, effective January 2, 2005; 36 SDR 207, e ffective June 28, 2010. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 6.

74:36:01:10.01. Insignificant increase in allowable emissions. An insignificant increase in allowable emissions is a physical change or change in the method of ope rationA

- 19

that results in air emissions less than the following amounts and the change does not trigger
§ 74:36:01:10 (3) and (4):

(1) 10 tons per year of particulate matter; (2) 5 tons per year of PM10; (3) 3 tons per year of PM2.5; (4) 10 tons per year of sulfur dioxide; (5) 10 tons per year of nitrogen oxides; (6) 10 tons per year of carbon monoxide; (7) 5 tons per year of volatile organic compounds; (8) 0.1 tons per year of lead; (9) 1 ton per year of fluorides; (10) 2 tons per year of sulfuric acid mist; (11) 2 tons per year of hydrogen sulfide; (12) 2 tons per year of total reduced sulfur; (13) 2 tons per year reduced sulfur compounds; (14) 2 tons per year of munipal waste combustor emissions; and (15) 10 tons per year of municipal solid waste landfill emissions (measured as nonmethane organic compounds).

Source: General Authority: SDCL 34A

- 1

- 6, 34A

- 1

- 21. Law Implemented: SDCL 34A

- 1

- 21.A

- 20

74:36:01:20. Physical change in or change in the method of operation defined. A physical change in or change in the method of operation does not include the following:

(1) Routine maintenance, repair, and replacement;

(2) Use of an alternative fuel or raw material becaus e of an order under §§ 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974, as amended and in effect on January 1, 1993, or because of a natural gas curtailment plan pursuant to the Federal Power Act as in effect on January 1, 1993 ;

(3) Use of an alternative fuel because of an order or rule under § 125 of the Clean Air Act;

(4) Use at a steam generating unit of an alternative fuel that is generated from municipal
solid waste;

(5) An increase in the hours of operation or in the production rate, unless the change is prohibited under a federally enforceable permit condition which was established after January 6, 1975, pursuant to 40 C.F.R. § 52.21 ( July 1, 2012 July 1, 2014 ), or under regulations approved pursuant to 40 C.F.R. Part 51, Subpart I, or 40 C.F.R. § 51.166 ( July 1, 2012 July 1, 2014 );

(6) Any change of ownership at a source;A

- 21

(7) The use of an alternative fuel or raw material by a source which the source was capable of accommodating before January 6, 1975, unless the change is prohibited under a federally enforceable permit condition which was established after January 6, 1975, pursuant to
40 C.F.R. § 52.21 ( July 1, 2012 July 1, 2014 ), or under regulations approved pursuant to 40 C.F.R. Part 51, Subpart I, o r 40 C.F.R. § 51.166 ( July 1, 2012 July 1, 2014 ); and

(8) The use of an alternative fuel or raw material which the source is approved to use under a permit issued under 40 C.F.R. § 52.21 ( July 1, 2012 July 1, 2014 ) or under regulations approved pursuant to 40 C.F.R. § 51.165 ( July 1, 2012 July 1, 2014 ).

Source: 25 SDR 123, effective April 4, 1999; 31 SDR 101, effective January 2, 2005; 32
SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective
June 25, 2013.
Genera l Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 6.

CHAPTER 74:36:02

AMBIENT AIR QUALITY

Section

74:36:02:01 Air quality goals.A

- 22

74:36:02:02 Ambient air quality standards.

74:36:02:03 Methods of sampling and analysis.

74:36:02:04 Air quality monitoring network.

74:36:02:05 Ambient air monitoring requirements.

74:36:02:02. Ambient air quality standards. The ambient air quality standards listed in
40 C.F.R. §§ 50.1 to 50.5, inclusive, ( July 1, 2012 July 1, 2014 ); 40 C.F.R. § 50.6 ( July 1, 2012 July 1, 2014 ); 40 C.F.R. § 50.7(a)(1), (b), and (c) ( July 1, 2012 July 1, 2014 ); 40 C.F.R. § 50.8
and 40 C.F.R. §§ 50.10 to 50.12, inclusive, ( July 1, 2012 July 1, 2014 ), define the types and levels of air pollution above which the ambient air would l imit the attainment of the goals specified in § 74:36:02:01. These standards apply to the entire state of South Dakota, and no person may cause these standards to be exceeded. The standards include normal background levels of air pollutants.

Source: SL 1 975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from
§ 34:10:02:02, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:02:02, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1 991;
transferred from § 74:26:02:02, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13 , 2006; 36 SDR 207,
effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6, 34A

- 1

- 15.A

- 23

Law Implemented: SDCL 34A

- 1

- 15.

74:36:02:03. Methods of sampling and analysis. Air pollutants of particulate matter,

sulfur di oxide, carbon monoxide, ozone, nitrogen dioxide, and lead listed in 40 C.F.R. Part 50 ( July 1, 2012 July 1, 2014 ) shall be measured by the reference method or methods stated in 40 C.F.R. Part 50, Appendix A to Appendix N, inclusive, ( July 1, 2012 July 1, 2 014 ) or an equivalent method designated in accordance with 40 C.F.R. Part 53 ( July 1, 2012 July 1, 2014 ).

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from
§ 34:10:02:11, 7 SDR 4, effective July 27, 1980; transferred fro m § 44:10:02:09, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:26:02:09, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32
SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective
June 25, 2013. General Authority: SDCL 34A

- 1

- 6, 34A

- 1

- 15. Law Implemented: SDCL 34A

- 1

- 15.

74:36:02:04
. Air quality monitoring network. The department shall outline ambient air monitoring goals, changes, and network design in the air quality monitoring network. The department shall revise the air quality monitoring network as required by 40 C.F.R. § 58.20 ( July
1, 2012 July 1, 2014 ).A

- 24

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6, 34A

- 1

- 15. Law Implemented: SDCL 34A

- 1

- 15.

74:36:02:05. Ambient air monitoring requirements. The operation of ambient air monitoring required by the department shall be consistent with 40 C.F.R. Part 58 ( July 1, 2012 July 1, 2014 ). Records of monitoring activities and results shall be retained for a minimum of three years.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 2 8, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6, 34A

- 1

- 15. Law Implemented: SDCL 34A

- 1

- 15.

CHAPTER 74:36:03

AIR QUALITY EPISODESA

- 25

Section

74:36:03:01 Air pollution emergency episode.

74:36:03:02 Episode emergency contin gency plan.

74:36:03:01. Air pollution emergency episode. The proclamation of an air pollution emergency episode and its extent shall be made by the secretary, using the criteria in 40 C.F.R.
§ 51.151 and Appendix L to Part 51 ( July 1, 2012 July 1, 201 4 ), if the accumulation of air pollutants in any place is attaining or has attained levels which could, if such levels are sustained or exceeded, lead to a substantial threat to the health of the public.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective D ecember 7, 1975; transferred from
§ 34:10:02:22, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:02:17, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:26:02:17, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6, 34A

- 1

- 15. Law Implemented: SDCL 34A

- 1

- 15.

74:36:03:02. Episode emergency contingency plan. The department shall develop an episode emergency contingency plan and maintain it following the requirements in 40 C.F.R.A

- 26

§ 51.152 ( July 1, 2012 July 1, 2014 ). The department shall reevaluate the contingency plan in accordance with the requirements in 40 C.F.R. § 51.153 ( July 1, 2012 July 1, 2014 ).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207,
effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6, 34A

- 1

- 15. Law Implemented: SDCL 34A

- 1

- 15.

CHAPTER 74:36:04

OPERATING PERMITS FOR MINOR SOURCES

Section

74:36:04:01 Applicability.

74:36:04:02 Minor source operating permit required.

74:36:04:02.01 M inor source operating permit exemption.

74:36:04:03 Emission unit exemptions.

74:36:04:03.01 Repealed.

74:36:04:04 S tandard for issuance o a minor source operating permit.

74:36:04:05 Time period for operating permits and renewals.

74:36:04:06 T imely and complete application for operating permit required.A

- 27

74:36:04:07 Required contents of complete application for operating perm it.

74:36:04:08 Applicant required to supplement or correct application.

74:36:04:09 Permit application

-- Completeness review.

74:36:04:10 Time period for department's recommendation.

74:36:04:11 Repealed.

74:36:04:12 Public parti cipation in permitting process.

74:36:04:12.01 P ublic review of department's draft permit.

74:36:04:13 Final permit decision

-- Notice to interested persons.

74:36:04:14 Right to petition for contested case hearing.

74:36:04:15 Contents of operating permit.

74:36:04:16 Operating permit expiration.

74:36:04:17 Renewal of operating permit.

74:36:04:18 Operating permit revision.

74:36:04:19 Administrative permit amendment.

74:36:04:20 Procedures for administrative pe rmit amendments.

74:36:04:20.01 Minor permit amendment required.

74:36:04:20.02 Requirements for minor permit amendment.

74:36:04:20.03 Application for minor permit amendment.

74:36:04:20.04 Department deadline to approve minor permit amendment.

74:36:04:21 Permit modifications.

74:36:04:21.01 Alternative permit modification procedure.

74:36:04:22 Source status change

-- New permit required.

74:36:04:23 Reopening operating permit for cause.A

- 28

74:36:04:24 Procedures to reopen operating permit.

74:36:04:25 and 74:36:04:26 Repealed.

74:36:04:27 Operating permit termination, revision, and revocation.

74:36:04:28 Notice of operating noncompliance

-- Contents.

74:36:04:29 Petition for contested case on alle ged violation.

74:36:04:30 Repealed.

74:36:04:31 Circumvention of emissions not allowed.

74:36:04:32 General permits.

74:36:04:33 Secretary may require an individual permit.

74:36:04:03. Emission unit exemptions. The following emiss ion units are exempt from inclusion in a minor source operating permit unless the source has requested federally enforceable permit conditions related to the emission unit to avoid needing a Part 70 operating permit, PSD preconstruction permit, or NSR prec onstruction permit , or the emission unit is applicable to a standard in chapter 74:36:07 or 74:36:08 :

(1) One or more incinerators of less than 100 pounds per hour combined burning capacity that combust municipal or household waste; (2) A mobile inter nal combustion engine, including those in autos, trucks, tractors, airplanes, locomotives, and boats; (3) Laboratory equipment used exclusively for chemical or physical analysis;A

- 29

(4) A unit that has a heat input capability of not more than 3,500,000 Bt us per hour, except
for units fueled with wood or coal; (5) An air conditioning or ventilating system not designed to remove air pollutants from equipment; (6) Routine housekeeping or plant upkeep activities such as painting buildings, retarring roofs, or paving parking lots; and (7) A unit that has the potential to emit two tons or less per year of any criteria pollutant before the application of control equipment. However, the criteria pollutant emissions from the

unit must be included in det ermining whether the source is a minor source.

An emission unit that is exempt from permitting must still meet the visible emission
restriction in § 74:36:12:01.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from
§ 34:1 0:01:16, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:25, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991;
transferred from § 74:26:01:25, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 31 SDR 101, effective January 2, 2005; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A

- 1

- 6, 34A

- 1

- 21. Law Implemented: SDCL 34A

- 1

- 19, 34A

- 1

- 21.A

- 30

Cross

- References: Operating permits for Part 70 sources, ch 74:36:05; Prevention of significant deterioration, ch 74:36:09.

74:36:04:04. Standard for issuance of a minor source operating permit. An operating permit for a source or permit revision may be issued only if it has been shown that the operation of the source or permit revision will not prevent or interfere with the attainment or maintenance of an applicable national ambient air quality standard. Compliance with this requi rement as determined by air pollution dispersion modeling is not affected by stack height that exceeds good engineering practice or by any other dispersion technique as defined in 40 C.F.R. § 51.100 ( July
1, 2012 July 1, 2014 ). Each source must comply with emission limits and other requirements of the act and the Clean Air Act. The minor source operating permit must include reasonable conditions, including adherence to plans and specifications, to assure compliance with the act, the Clean Air Act, and any o ther conditions justified under SDCL 34A

- 1

- 19.

Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:08.02;
transferred from § 44:10:01:12, effective July 1, 1981; 10 SDR 68, effective January 5, 1984; 12 SDR 183, effective May 21, 19 86; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 72,
effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:12, 19 SDR 157, effective April 22, 1993; 21 SDR
119, effect ive January 5, 1995; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective
June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6, 34A

- 1

- 19, 34A

- 1

- 21. Law Implemented: SDCL 34A

- 1

- 19 , 34A

- 1

- 21.A

- 31

74:36:04:21.01. Procedures for an insignificant increase in allowable emissions. The department shall take the following final action on the proposed insignificant increase in allowable emissions within 90 days after receipt of a complete application for the permit

revision:

(1) Issue the permit revision as proposed; (2) Deny the application for a permit revision; or (3) Determine the requested permit revision should be processed as a permit

modification.

The secretary shall issue the permit revision for an insignificant increase in allowable emissions without the procedural requirements applicable to obtaining a permit

modification.

Source: General Authority: SDCL 34A

- 1

- 6, 34A

- 1

- 21. Law Implemented: SDCL 34A

- 1

- 21.

CHAPTER 74: 36:05

OPERATING PERMITS FOR PART 70 SOURCESA

- 32

Section

74:36:05:01 Applicability.

74:36:05:02 Part 70 operating permit required.

74:36:05:03 Sources required to obtain a Part 70 operating permit.

74:36:05:03.01 Repealed.

74:36:05:04 Sources exempt from obtaining a Part 70 operating permit.

74:36:05:04.01 Insignificant activities.

74:36:05:05 Transferred.

74:36:05:06 Standard for issuance of a Part 70 permit.

74:36:05:06.01 Fees required for operating permit.

74:36:0 5:07 Time period for operating permits and renewals.

74:36:05:08 Timely and complete application for operating permit required.

74:36:05:09 Complete application.

74:36:05:10 and 74:36:05:11 Transferred.

74:36:05:12 Required contents of complete application.

74:36:05:13 Applicant required to supplement or correct application.

74:36:05:14 Repealed.

74:36:05:15 Deadline for final action on permit application.

74:36:05:16 Statement of basis for recommended permit conditio ns.
74:36:05:16.01 Operating permit requirements.

74:36:05:17 Public participation in permitting process.

74:36:05:18 Public and affected state review of draft permit.A

- 33

74:36:05:19 Transferred.

74:36:05:20 Repealed.

74:36:05:20.01 Final permit decision

-- Notice to interested persons.

74:36:05:20.02 Petitions for contested case hearing.

74:36:05:20.03 EPA review of Part 70 operating permit.

74:36:05:21 EPA objection to issuance of operating permit.

74:36:05:21.01 Department response to EPA objection.

74:36:05:22 Department failure to meet EPA objection deadline.

74:36:05:23 Public petition to EPA on the final permit.

74:36:05:24 Repealed.

74:36:05:25 to 74:36:05:27 Transferred.

74:36:05:28 Perm it expiration.

74:36:05:29 Permit renewal.

74:36:05:30 Permit flexibility.

74:36:05:31 Permit amendment

-- Application required.

74:36:05:32 Administrative permit amendment required.

74:36:05:33 Procedure for administrative permit amendments.

74:36:05:34 Minor permit amendment required.

74:36:05:35 Requirements for minor permit amendments.

74:36:05:36 Application for minor permit amendment.

74:36:05:37 Notification of EPA and affected states required.

74:36:05:38 Department deadline to approve minor permit amendment.

74:36:05:39 Permit modifications.A

- 34

74:36:05:39.01 Alternative permit modification procedure.

74:36:05:40 Reopening operating permit for cause.

74:36:05:41 Procedures to reopen p ermit.

74:36:05:42 Reopening permit for cause by EPA.

74:36:05:43 EPA review of proposed determination.

74:36:05:44 Department failure to submit proposed determination.

74:36:05:45 Repealed.

74:36:05:46 Permit termination, modification, revocation, and reissuance by department.

74:36:05:47 Notice of operating noncompliance

-- Contents.

74:36:05:47.01 Circumvention of emissions not allowed.

74:36:05:48 Petition for contested case on alleged violation.

74:36:05:4 9 Repealed.

74:36:05:50 Federal enforceability of permit conditions.

74:36:05:51 General permits.

74:36:05:52 Secretary may require an individual permit.

74:36:05:04. Sources exempt from obtaining a Part 70 operating permit. The

fol lowing sources are exempt from obtaining a Part 70 operating permit:

(1) All sources that are not included in § 74:36:05:03;A

- 35

(2) Sources that operate a unit subject to 40 C.F.R. 60, Subpart AAA

- Standards of

Performance for New Residential Wood Heater s ( July 1, 2012 July 1, 2014 ) are exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart AAA. Exempted sources

must still meet the applicable requirements in Subpart AAA; or

(3) Sources that operate a unit subject to 40 C.F.R. § 61.145, Standard for Demolition and Renovation ( July 1, 2012 July 1, 2014 ) are exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to 40 C.F.R. § 61.145 ( July 1, 2012 July 1, 2014 ). Exempted sources must still meet the applicable requirements in 40 C.F.R. § 61.145 ( July 1, 201 2 July 1,

2014 ).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207,
effective June 28, 2010; 39 SDR 219, effective June 25, 2013.
G eneral Authority: SDCL 34A

- 1

- 6, 34A

- 1

- 21. Law Implemented: SDCL 34A

- 1

- 12, 34A

- 1

- 21.

74:36:05:04.01. Insignificant activities. The following emission units are considered insignificant activities and are exempt from inclusion in a Part 70 operating perm it unless the source has requested federally

- enforceable permit conditions related to the insignificant activityA

- 36

to avoid needing a PSD preconstruction permit or NSR preconstruction permit or the emission unit is applicable to a standard in chapter 74:36:0 7 or 74:36:08 :

(1) One or more incinerators of less than 100 pounds per hour combined burning capacity that combust municipal or household waste; (2) A mobile internal combustion engine, including engines in autos, trucks, tractors, airplanes, locomotives, and boats; (3) Laboratory equipment used exclusively for chemical or physical analysis; (4) A unit that has a heat input capability of not more than 3,500,000 Btus per hour, except
for units fueled with wood or coal; (5) An air condition ing or ventilating system not designed to remove air pollutants from equipment; (6) Routine housekeeping or plant upkeep activities such as painting buildings, retarring roofs, or paving parking lots; (7) A unit that has the potential to emit two tons or less per year of any criteria pollutant before the application of control equipment. However, the criteria pollutant emissions from the unit must be included in determining whether the source is a major source; and (8) A unit that has the potential to emit two tons or less per year of any hazardous air pollutant. However, the hazardous air pollutant emissions from the unit must be included in determining whether the source is a major source. A unit may not be considered insignificant if a

state or fede ral limit is applicable to the unit.A

- 37

However, insignificant activities exempted because of size or production rate must be identified in the Part 70 operating permit application. An application may not omit information needed to determine the applicabili ty of or to impose an applicable requirement.

Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 31 SDR 101, effective January 2, 2005; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A

- 1

- 6, 34A

- 1

- 21.

Law Implemented: SDCL 34A

- 1

- 12, 34A

- 1

- 21.

74:36:05:06. Standard for issuance of a Part 70 operating permit. A Part 70 operating permit for a source or permit revision may be issued only if it has been shown that the operation of the source or permit revisi on will not prevent or interfere with the attainment or maintenance of an applicable ambient air quality standard. Compliance with this requirement as determined by air pollution dispersion modeling is not affected by stack height that exceeds good enginee ring practice or by any other dispersion technique as defined in 40 C.F.R. § 51.100 ( July
1, 2012 July 1, 2014 ). Each source must comply with emission limits and other requirements of the act and the Clean Air Act. A Part 70 operating permit must include r easonable conditions, including adherence to plans and specifications, to assure compliance with the act, the Clean Air Act, and any other conditions justified under SDCL 34A

- 1

- 19.

Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01 :08.02;
transferred from § 44:10:01:12, effective July 1, 1981; 10 SDR 68, effective January 5, 1984; 12 SDR 183, effective May 21, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 72,A

- 38

effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:12, 19 SDR 157, effective April 22, 1993; 20 SDR 125, effective February 9, 1994; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6, 34A

- 1

- 19, 34A

- 1

- 21. Law Implemented: SDCL 34A

- 1

- 19, 34A

- 1

- 21.

74:36:05:16.01. Operating permit requirements. Each permit issued for the operation

of a Part 70 source must contain:

(1) The name of the person, company, political subdivision, agency, or institution granted a permit;

(2) The type of operation;

(3) The facility and mailing address;

(4) The date the operating permit was granted and on which it will expire;

(5) A number for administrative reference;

(6) The name of a designated person or officer responsible for the source's operation;A

- 39

(7) A statement granting an operating per mit by the board or secretary and any conditions that the board or secretary may impose to ensure compliance with the act and the Clean Air Act;

(8) Emission limits and standards, including operational requirements and limits for all regulated emission units, necessary to assure compliance with applicable requirements of the act and the Clean Air Act and including the following:

(a) The reference of authority for each term or condition;

(b) The applicable requirements from the Clean Air Act and f rom Title IV requirements of the Clean Air Act, reviewing both requirements and distinguishing which is more stringent and incorporating both into the permit; and

(c) If an alternative emission limit is approved in the state implementation plan (SIP), provisions to ensure that the alternative emission limit in the permit issuance, renewal, or permit modification process has been demonstrated to be equivalent to the applicable emission limit in the state implementation plan and is quantifiable, accountab le, enforceable, and based on replicable procedures;

(9) Monitoring and related record keeping and reporting requirements, consisting of at least the following:A

- 40

(a) All emissions monitoring and analysis procedures, alternative approved methods or

te st methods required under the applicable requirements, including procedures and methods in
§ 504(b) or 114(a)(3) of the Clean Air Act;

(b) If the applicable requirement does not require periodic testing or instrumental or noninstrumental monitoring, pe riodic monitoring sufficient to yield reliable data from the relevant time period that are representative of the source's compliance with the permit. Such monitoring requirements must assure use of terms, test methods, units, averaging periods, and

other s tatistical conventions consistent with the applicable requirement;

(c) As necessary, documentation of the use, maintenance, and if appropriate, installation of monitoring equipment or methods;

(d) Documentation of the following:

(i) The date, place as defined in the permit, and time of sampling or

measurements; (ii) The date or dates analyses were performed; (iii) The company or entity that performed the analyses; (iv) The analytical techniques or methods used; (v) The result s of such analyses; and (vi) The operating conditions as existing at the time of sampling or

measurement;A

- 41

(e) Record keeping and reporting requirements that comply with the following:

(i) Submission of reports of any required monitoring must oc cur at least every six months. Reports must clearly identify all deviations from permit requirements and conditions. All required reports must be certified by a responsible official; and

(ii) Deviations from permit requirements, including those attribu table to upset conditions as defined in the permit, the probable cause of such deviations and any corrective actions or preventive measures taken must be promptly reported and certified by a responsible
official; and

(f) Requirements for retention of m onitoring records and all supporting documentation for at least five years from the date of the monitoring sample, measurement, report, or application; and

(10) If applicable, a condition prohibiting emissions exceeding any allowances that the

source la wfully holds, exceedances of applicable emission rates, and the use of any allowance prior to the year for which it was allocated under the Title IV program of the Clean Air Act;

(11) A severability clause asserting the continued validity of permit requirements if any portions of the permit are challenged;A

- 42

(12) Provisions stating the following:

(a) The permittee must comply with all conditions of the permit. Any permit noncompliance constitutes a violation and is grounds for enforcement action , permit termination, revocation and reissuance, permit revision, or denial of a permit renewal application;

(b) A permittee in an enforcement action may not use the defense that it would have been necessary to cease or reduce the permitted activity in order to maintain compliance;

(c) The permit may be revised, revoked and reissued, reopened, or terminated for cause. The filing of a request by the permittee for a permit revision, revocation and reissuance, or termination or of a notification of pla nned changes or anticipated noncompliance does not stay any permit condition;

(d) The permit does not convey property rights of any sort or any exclusive privilege;

and

(e) The permittee must provide any information, including records, requested in writing by the department to determine whether cause exists for revising, revoking and reissuing, reopening, or terminating the permit or to determine compliance;

(13) Terms and conditions for reasonably anticipated operating scenarios identified by th e source in its application and approved by the department. The terms and conditions must requireA

- 43

the source, contemporaneously with making a change from one operating scenario to another, to record in a log at the permitted facility a record of the scenar io under which it is operating and must ensure that the terms and conditions of each such alternative scenario meet all requirements
of the Clean Air Act;

(14) Compliance requirements that contain the following:

(a) A compliance certification and te sting, monitoring, reporting, and recordkeeping requirements sufficient to assure compliance with the terms and conditions of the permit. All documents, including reports, required by the permit must be certified by a responsible official

consistent with s ubdivision 74:36:05:12(17). The compliance certification must be submitted annually from the date of permit issuance to the department and EPA;

(b) Inspection and entry requirements that require the permittee to allow the department

or an authorized re presentative to perform the following:

(1) Enter upon the permittee's premises where a Part 70 source is located or

emissions

- related activity is conducted or where records must be kept under the conditions of the permit;

(2) Have access to and copy, at reasonable times, any records that must be kept under the conditions of the permit;A

- 44 (3) Inspect at reasonable times any facilities, equipment, practices, or operations regulated or required under the permit; and

(4) As authorized by the Clean Air Act, sample or monitor at reasonable times substances or parameters for the purpose of assuring compliance with the permit or applicable requirements;

(c) A compliance plan in accordance with subdivision 74:36:05:12(15), including

progress re ports on noncompliance indicating the dates that compliance will be achieved or the dates that compliance was achieved as referred to in a schedule of compliance. The report must state an explanation for not attaining dates of compliance and must be submit ted to the department semiannually or more frequently as required by the department; and

(d) A compliance certification in accordance with subdivision 74:36:05:12(16);

(15) A condition requiring a Part 70 source to pay any required fees;

(16) A c ondition stating that no permit revisions are required for increases in emissions allowed through emissions trading to the extent that such trades are authorized by the applicable requirements of the Clean Air Act;

(17) Any provisions the department use s to issue general permits that are in accordance with 40 C.F.R. Part 70.6(d) ( July 1, 2012 July 1, 2014 );A

- 45

(18) Provisions for permit emission exceedances due to emergencies that are in accordance with the requirements in 40 C.F.R. Part 70.6(g) ( July 1, 2012 July 1, 2014 ); and

(19) All applicable requirements of the Clean Air Act.

Source: 19 SDR 157, effective April 22, 1993; transferred from § 74:36:05:27, 20 SDR 125, effective February 9, 1994; 21 SDR 119, effective January 5, 1995; 31 SDR 101, ef fective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6, 34A

- 1

- 21. Law Implemented: SDCL 34A

- 1

- 12, 34A

- 1

- 21.

74:36:05:39.01. Procedures for an insignificant increase in allowable emissions. The department shall take the following final action on the proposed insignificant increase in allowable emissions within 90 days after receipt of a complete application for the permit revision or 15 days after the end of EPA’s 45

- day review period, whichever is later:

(1) Issue the permit revision as proposed; (2) Deny the application for a permit revision; or (3) Determine the requested permit revision should be processed as a permit

modification.A

- 46

The department is not required to public notice an insignificant increase in allowable emissions; but the final permit decision for an insignificant increase in allowable emissions

must be submitted to EPA for a 45

- day review. The department may not issue a final permit for an insignificant increase in allowable emissions until after EPA’s 45

- day review or until EPA has notified the department that EPA will not object to the issuance of the permit revision.

Source: General Authority: SDCL 34A

- 1

- 6, 34A

- 1

- 21. Law Implemented: SDCL 34A

- 1

- 21.

CHAPTER 74:36:07

NEW SOURCE PERFORMANCE STANDARDS

Section

74:36:07:01 New source performance standards.

74:36:07:02 Standards of performance for fossil fuel

- fired steam generators.

74:36:07:03 Standards of performance for electric utility steam generators.

74:36:07:04 Standards of performance for industrial, commercial, and institutional steam

generating units.A

- 47

74:36:07:05 Standards of performance for small industrial, commercial, and institutional steam

generating units.

74:36:07:06 Standards of performance for incinerators. 74:36:07:06.01Standards of performance for hospital/medical/infectious waste incinerators
constructed on or before June 20, 1996.

74:36:07:06.02 Standards of performance for hospita l/medical/infectious waste incinerators for
which construction is commenced after June 20, 1996.

74:36:07:07 Standards of performance for municipal waste combustors.

74:36:07:07.01 Standards of performance for municipal combustors constructed after Septem ber
20, 1994.

74:36:07:08 Ash disposal requirements.

74:36:07:09 Standards of performance for portland cement plants.

74:36:07:10 Standards of performance for asphalt concrete plants.

74:36:07:11 Repealed.

74:36:07:12 Standards of performance for stor age vessels of petroleum liquids constructed

after June 11, 1973, and before May 19, 1978.

74:36:07:13 S tandards of performance for storage vessels of petroleum liquids constructed

after May 18, 1978, and before July 24, 1984.

74:36:07:14 S tandards of performance for volatile organic liquid storage vessels (including

petroleum liquid storage vessels) for which construction, reconstruction, or modification commenced after July 23, 1984.

74:36:07:15 Standards of performance for sewage treatment plants.

7 4:36:07:16 Standards of performance for coal preparation plants.A

- 48

74:36:07:17 Standards of performance for grain elevators.

74:36:07:18 Standards of performance for stationary gas turbines.

74:36:07:19 Standards of performance for lime manufacturing pla nts.
74:36:07:20 Standards of performance for metallic mineral processing plants.

74:36:07:21 Standards of performance for pressure

- sensitive tape and label surface coating

operations.

74:36:07:22 Standards of performance for equipment leaks of VOC in the synthetic organic

chemicals manufacturing industry.

74:36:07:22.01 Standards of performance for equipment leaks of VOC in the synthetic organic

chemicals manufacturing industry for which construction, reconstruction, or

modification commenced after Nov ember 7, 2006.

74:36:07:23 Standards of performance for bulk gasoline terminals.

74:36:07:24 Standards of performance for new residential wood heaters.

74:36:07:25 Standards of performance for petroleum dry cleaners.

74:36:07:26 Standards of performanc e for VOC emissions from synthetic organic chemical

manufacturing industry (SOCMI) distillation operations.

74:36:07:27 Standards of performance for nonmetallic mineral processing plants.

74:36:07:28 Standards of performance for magnetic tape coating fac ilities.

74:36:07:29 Operating requirements for wire reclamation furnaces.

74:36:07:30 Monitoring requirements for wire reclamation furnaces.

74:36:07:31 Standards of performance for graphic arts industry

-- Publication rotogravure

printing.A

- 49

74:36:07:32 Standards of performance for volatile organic compound emissions from synthetic

organic chemical manufacturing industry (SOCMI) reactor processes.

74:36:07:33 Standards of performance for calciners and dryers in mineral industries.

74:36:07:34 Existing municipal solid waste landfill.

74:36:07:35 Plan submittal by existing municipal solid waste landfills.

74:36:07:36 Collection system.

74:36:07:37 Control system.

74:36:07:38 Compliance schedule for existing municipal solid waste landfills.

74:36:07:39 Existing municipal solid waste landfill operational standards for collection and

control systems.

74:36:07:40 Existing municipal solid waste landfill compliance provisions.

74:36:07:41 Existing municipal solid waste landfill monitoring provi sions.

74:36:07:42 Existing municipal solid waste landfill reporting and recordkeeping.

74:36:07:42.01 Additional reporting for existing municipal solid waste landfills.

74:36:07:43 Standards of performance for new municipal solid waste landfills.

74:36: 07:44 Standards of performance for nitric acid plants.

74:36:07:45 Standards of performance for sulfuric acid plants.

74:36:07:46 Standards of performance for petroleum refineries.

74:36:07:46.01 Standards of performance for petroleum refineries for whi ch construction,

reconstruction, or modification commenced after May 14, 2007.

74:36:07:47 Standards of performance for secondary lead smelters.

74:36:07:48 Standards of performance for secondary brass and bronze production plants.A

- 50

74:36:07:49 Standards of performance for primary emissions from basic oxygen process

furnaces for which construction commenced after June 11, 1973.

74:36:07:50 Standards of performance for secondary emissions from basic oxygen process s

teelmaking facilities for which construction commenced after January 20, 1983.

74:36:07:51 Standards of performance for primary copper smelter.

74:36:07:52 Standards of performance for primary zinc smelter.

74:36:07:53 Standards of performance for primary lead sm elter.

74:36:07:54 Standards of performance for primary aluminum reduction plant.

74:36:07:55 Standards of performance for wet

- process phosphoric acid plant.

74:36:07:56 Standards of performance for superphosphoric acid plant.

74:36:07:57 Standards of performance for diammonium phosphate plant.

74:36:07:58 Standards of performance for triple superphosphate plant.

74:36:07:59 Standards of performance for granular triple superphosphate storage facility.

74:36:07:60 Standards of performance for ferroall oy production plant.

74:36:07:61 Standards of performance for electric arc furnaces and argon

- oxygen

decarburization vessels constructed after August 17, 1983.

74:36:07:62 Standards of performance for kraft pulp mills.

74:36:07:63 Standards of performan ce for glass manufacturing plant.

74:36:07:64 Standards of performance for surface coating of metal furniture.

74:36:07:65 Standards of performance for lead

- acid battery manufacturing plant.

74:36:07:66 Standards of performance for automobile and light duty truck surface coating

operations.

74:36:07:67 Standards of performance for phosphate rock plants.A

- 51

74:36:07:68 Standards of performance for ammonium sulfate manufacture.

74:36:07:69 Standards of performance for industrial surface coating

-- Large ap pliances.

74:36:07:70 Standards of performance for metal coil surface coating.

74:36:07:71 Standards of performance for asphalt processing and asphalt roofing

manufacture.

74:36:07:72 Standards of performance for beverage can surface coating industry.

7 4:36:07:73 Standards of performance for rubber tire manufacturing industry.

74:36:07:74 Standards of performance for volatile organic compound emissions from

polymer manufacturing industry.

74:36:07:75 Standards of performance for flexible vinyl and ure thane coating and printing.

74:36:07:76 Standards of performance for equipment leaks of VOC in petroleum refineries.

74:36:07:76.01 Standards of performance for equipment leaks of VOC in petroleum refineries.

74:36:07:77 Standards of performance for synthetic fiber production facility.

74:36:07:78 Standards of performance for VOC emissions from synthetic organic chemical

manufacturing industry air oxidation unit process.

74:36:07:79 Standards of performance for equipment leaks of VOC from onshore na tural gas

processing plant.

74:36:07:80 Standards of performance for onshore natural gas processing.

74:36:07:81 Standards of performance for wool fiberglass insulation manufacturing plant.

74:36:07:82 Standards of performance for VOC emissions from pet roleum refinery

wastewater system.
74:36:07:83 Standards of performance for industrial surface coating

-- Surface coating of

p l astic parts for business machines.A

- 52

74:36:07:84 Standards of performance for polymeric coating of supporting substrates facility

. 74:36:07:85 Standards of performance for small municipal waste combustion units for which

construction commenced after August 30, 1999, or modification or
reconstruction commenced after June 6, 2001.

74:36:07:86 Standards of performance for commercial and industrial solid waste incineration

units for which construction commenced after November 30, 1999, or
modification or reconstruction commenced on or after June 1, 2001.

74:36:07:87 Standards of performance for other solid waste incineration units for which

construction commenced after December 9, 2004, or modification or
reconstruction commenced on or after June 16, 2006.

74:36:07:88 Standards of performance for stationary compression ignition internal

combustion engines.

74:36:07:89 Standards of pe rformance for stationary combustion turbines.

74:36:07:90 Standards of performance for stationary spark ignition internal combustion

engines.

74:36:07:91 Standards of performance for nitric acid plants for which construction, r

r econstruction, or modification commenced after October 14, 2011.

74:36:07:92 Standards of performance for new sewage sludge incineration units.

74:36:07:93 Standards of performance for crude oil and natural gas production,

transmission and distribution.A

- 53

74:36:07:01. N ew source performance standards. The general provisions for new source performance standards are those in 40 C.F.R. §§ 60.1 to 60.19, inclusive, ( July 1, 2012 July 1, 2014 ). For the purposes of this chapter, "administrator" means the secretary, except for those authorities that cannot be delegated to the state, in which case "administrator" means both the administrator of the Environmental Protection Agency and the secretary.

Source: 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14 , 1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:08:43, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective Sept ember 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SD CL 34A

- 1

- 18.

74:36:07:02. Standards of performance for fossil fuel

- fired steam generators. The standards of performance for fossil fuel

- fired steam generators are those in 40 C.F.R. §§ 60.40 to 60.46, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:09:07, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27 ,A

- 54

2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:03. Standards of performance for electric utility steam generators. The standards of performance for electric utility steam generators are those in 40 C.F.R. § 60, Subpart Da ( July 1, 2012 July 1, 2014 ).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:10:15, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

Gen eral Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:04. Standards of performance for industrial, commercial, and institutional steam generating units. The standards of performance for industrial, commercial, and institutional steam g enerating units are those in 40 C.F.R. §§ 60.40b to 60.49b, inclusive, ( July 1,

2012 July 1, 2014 ).A

- 55

Source: 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:24:01, 19 SDR 157, effective April 22, 1993; 2 1 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:05. Standards of performance for small industrial, commercial, and institutional steam gen erating units. The standards of performance for small industrial, commercial, and institutional steam generating units are those in 40 C.F.R. §§ 60.40c to 60.48c, inclusive, ( July 1, 2012 July 1, 2014 ). A source that operates a unit subject to 40 C.F.R. §§ 60.40c to 60.48c, inclusive, ( July 1, 2012 July 1, 2014 ) is exempt from the obligation to obtain a Part 70 operating permit, if the source burns solely natural gas or propane and is not required to obtain a Part 70 operating permit for a reason other than the source is subject to 40 C.F.R. §§ 60.40c to 60.48c, inclusive, ( July 1, 2012 July 1, 2014 ). Exempted sources must still meet the applicable requirements in 40 C.F.R. §§ 60.40c to 60.48c, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 19 SDR 157, ef

fective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective JuneA

- 56

13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:06. Standards of performance for incinerators. The standards of performance for incinerators are those in 40 C.F.R. §§ 60.50 to 60.54, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:11:06, 19 SDR 15 7, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:06.01. Standards of performance for hospital/medical/infectious waste incinerators constructed on or before June 20, 1996. 40 C.F.R. Part 60, Subpart Ce ( July 1,

2012 July 1, 2014 ), is incorporated into this rule by reference. Designated facilities under Subpart Ce shall comply with the requirements for state plan approval in 40 C.F.R. §§ 60.32e to 60.38e, inclusive, ( July 1, 2012 July 1, 2014 ).A

- 57

The owner or operator of a hospital/medical/infectious waste incinerator constructed on or before June 20, 1996, that decides t o cease operation shall notify the department within six months of EPA's approval of the state plan for hospital/medical/infectious waste incinerators. The written notification shall inform the department of when the unit will be shutdown. The

shutdown dat e may not exceed one year after EPA's approval of the state plan for hospital/medical/infectious waste incinerators.

The owner or operator of a hospital/medical/infectious waste incinerator constructed on or before June 20, 1996, that decides to comply w ith the requirements of this section shall submit a compliance plan within six months of state plan approval that meets the following deadlines:

(1) Submit a Part 70 operating permit application and design drawings of the air pollution

control device to the department within one year of state plan approval;

(2) Submit a copy of the purchase order or other documentation indicating an order has been placed for the major components of the air pollution control device within 15 months of state plan approv al;

(3) Begin initiation of site preparation for installation of the air pollution control device within 2 years after state plan approval;

(4) Complete installation of the air pollution control device within 30 months after state plan approval; andA

- 58

(5) Conduct a performance test within 33 months after state plan approval.

The owner or operator shall comply with 40 C.F.R. §§ 60.34e and 60.36e ( July 1, 2012 July 1, 2014 ) within one year after state plan approval. The owner or operator shall comply with the remaining requirements in this section within three years after state plan approval or by September 15, 2002, whichever is earlier.

Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34 A

- 1

- 18.

74:36:07:06.02. Standards of performance for hospital/medical/infectious waste incinerators for which construction is commenced after June 20, 1996. The standards of performance for hospital/medical/infectious waste incinerators constructed afte r June 20, 1996, are those in 40 C.F.R. §§ 60.50c to 60.58c ( July 1, 2012 July 1, 2014 ).

Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209,A

- 59

effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 2 8, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:07. Standards of performance for municipal waste combustors. The standards of performance for municipal waste combustors are those in 40 C.F.R. §§ 60.50a to 60.59a, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 17 SDR 69, effective November 22, 1990; 17 SDR 170, effective May 13, 1991; 18 SDR 90, effective November 24, 1991; transferred from § 74:26:26:01, 19 SDR 157, effective Ap ril 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 21 7, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:07.01. Standards of performance for municipal combustors constructed after September 20, 1994. The standards of performance for municipal waste combustors constructed after September 20, 1994, or modified or reconstructed after June 19, 1996, are those in 40 C.F.R. §§ 60. 50b to 60.59b, inclusive, ( July 1, 2012 July 1, 2014 ).A

- 60

Source: 23 SDR 106, effective December 29. 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 200 5; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:09. Standards of performan ce for portland cement plants. The standards of performance for portland cement plants are those in 40 C.F.R. §§ 60.60 to 60.66, inclusive, ( July
1, 2012 July 1, 2014 ).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991;

t ransferred from § 74:26:12:06, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:10. Standards of per formance for asphalt concrete plants. The standards of performance for asphalt concrete plants are those in 40 C.F.R. §§ 60.90 to 60.93, inclusive, ( July
1, 2012 July 1, 2014 ).A

- 61

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:13:05, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effectiv e June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:12. Standards of performance for storage vessels of petroleum liquids constructed after June 11, 1973, and before May 19, 1978. The standards of performance for storage vessels of petroleum liquids constructed after June 11, 1973, and before May 19, 1978,

are those in 40 C.F.R. §§ 60.110 to 60.113, inclusive, ( July 1, 2012 July 1, 2014 ). A source that operates a unit subject to 40 C.F.R. §§ 60.110 to 60.113, inclusive, ( July 1, 2012 July 1, 2014 ) is exempt from the obligation to obtain a Part 70 operating permit if the unit is not required to install controls and if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to 40 C.F.R. §§ 60.110 to 60.113, inclusive, ( July 1, 2012 July 1,

2014 ). Exempted sources must st ill meet the applicable requirements in 40 C.F.R. §§ 60.110 to 60.113, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:14:05, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effectiveA

- 62

January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective Septembe r 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 3 4A

- 1

- 18.

74:36:07:13. Standards of performance for storage vessels of petroleum liquids constructed after May 18, 1978, and before July 24, 1984. The standards of performance for storage vessels of petroleum liquids constructed after May 18, 1978, and b efore July 24, 1984, are those in 40 C.F.R. §§ 60.110a to 60.115a, inclusive, ( July 1, 2012 July 1, 2014 ). A source that operates a unit subject to 40 C.F.R. §§ 60.110a to 60.115a, inclusive, ( July 1, 2012 July 1,

2014 ) is exempt from the obligation to obt ain a Part 70 operating permit if the unit is not required to install controls and if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to 40 C.F.R. §§ 60.110a to 60.115a, inclusive, ( July
1, 2012 July 1, 2014 ). Exempted sources must still meet the applicable requirements in 40 C.F.R. §§ 60.110a to 60.115a, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, e ffective May 13, 1991; transferred from § 74:26:20:19, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2,A

- 63

2005; 32 S DR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:14. Standards of performance for volatile organic liquid storage vessels (including petroleum liquid storage vessels) for which construction, reconstruction, or modification commenced after July 23, 1984. The standards of performance for volatile organic liquid storage vessels (including petroleum liquid storage vessels) for which construction, reconstruction, or modification commenced after July 23, 1984, are those in 40 C.F.R. §§ 60.110b to 60.117b, inclusive, ( July 1, 2012 July 1, 2014 ). A source that operates a unit subject to 40 C.F.R . §§ 60.110b to 60.117b, inclusive, ( July 1, 2012 July 1, 2014 ) is exempt from the obligation to obtain a Part 70 operating permit if the unit is not required to install controls and if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to 40 C.F.R. §§ 60.110b to 60.117b, inclusive, ( July 1, 2012 July 1,

2014 ). Exempted sources must still meet the applicable requirements in 40 C.F.R. §§ 60.110b to 60.117b, inclusive, ( July 1, 2012 July 1, 2014 ).

S ource: 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:25:01, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective J une 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDRA

- 64

209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Author ity: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:15. Standards of performance for sewage treatment plants. The standards of performance for sewage treatment plants are those in 40 C.F.R. §§ 60.150 to 60.156, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:15:06, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, ef fective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6.

Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:16. Standards of performance for coal preparation plants. The standards of performance for coal preparation plants are those in 40 C.F.R. § 60, Subpart Y ( July 1, 2012 July 1, 2014 ).A

- 65

Source: 14 SDR 72, effective No vember 24, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:16:06, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, e ffective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:17. Standards of performance for grain elevators. The standards of performance for grain elevators are those in 40 C.F.R. §§ 60.300 to 60.304, inclusive, ( July 1,

2012 July 1, 2014 ). A source subject to 40 C.F.R. §§ 60.300 to 60.304, inclusive, ( July 1, 2012 July 1, 2014 ) is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to 40 C.F.R. §§ 60.300 to 60.304, inclusive, ( July 1, 2012 Jul y 1, 2014 ). Exempted sources must still meet the applicable requirements in 40 C.F.R. § 60.300 to 60.304, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:17:06, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective

December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2,A

- 66

2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority : SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:18. Standards of performance for stationary gas turbines. The standards of performance for stationary gas turbines are those in 40 C.F.R. §§ 60.330 to 60.335, inclusive, ( July 1, 2012 July 1, 201 4 ).

Source: 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:19:07, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effec tive

December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

Gene ral Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:19. Standards of performance for lime manufacturing plants. The standards of performance for lime manufacturing plants are those in 40 C.F.R. §§ 60.340 to 60.344, inclusive, ( July 1, 2012 July 1, 2014 ).A

- 67

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:18:10, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:20. Standards of performance for metallic mineral processing plants. The standards of performance for metallic mineral processing plants are those in 40 C.F.R. §§ 60.380 to 60.386, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 11 SDR 151, effective May 12, 1985; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:21:02, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective J une 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.A

- 68

74:36:07:21. Standards of performance for pressure

- sensitive tape and label surface coating operations. The standards of performance fo r pressure - sensitive tape and label surface coating operations are those in 40 C.F.R. §§ 60.440 to 60.447, inclusive, ( July 1, 2012 July 1,

2014 ).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General A uthority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:22. Standards of performance for equipment leaks of VOC in the synthetic organic chemicals manufacturing industry. The standards of performance for equipment leaks of VOC in the synthetic organic chemicals manufacturing industry are those in 40 C.F.R. §§ 60.480 to 60.489, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6.A

- 69

Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:22.01. Standards of performance for equipment leak s of VOC in the synthetic organic chemicals manufacturing industry for which construction, reconstruction, or modification commenced after November 7, 2006. The standards of performance for equipment leaks of VOC in the synthetic organic chemicals manufact uring industry, for which construction, reconstruction, or modification commenced after November 7, 2006, are those in 40 C.F.R. § 60, Subpart VVa ( July 1, 2012 July 1, 2014 ).

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 20 13. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:23. Standards of performance for bulk gasoline terminals. The standards of performance for bulk gasoline terminals are those in 40 C.F.R. §§ 60.500 to 60.506, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective J anuary 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6.A

- 70

Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:24. Standards of performance for new residential wood heaters. The standards of performance for new residential wood heaters are those in 40 C.F.R. §§ 60.530 to 60.539b, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 200 7; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:25. Standards of performance for petroleum dry cleaners. The standards of performance for petroleum dry cleaners are those in 40 C.F.R. §§ 60.620 to 60.625, inclusive, ( July 1, 2012 July 1, 2014 ). A source subject to 40 C.F.R. §§ 60.620 to 60.625, inclusive, ( July
1, 2012 July 1, 2014 ) is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to 40 C.F.R. §§ 60.620 to 60.625, inclusive, ( July 1, 2012 July 1, 2014 ). Exempted sources must still meet the applicable requirements in 40 C.F.R. §§ 60.620 to 60.625, inclusive, ( July 1, 2012 July 1, 2014 ).A

- 71

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101,

effectiv e January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:26. Standa rds of performance for VOC emissions from synthetic organic chemical manufacturing industry (SOCMI) distillation operations. The standards of performance for VOC emissions from synthetic organic chemical manufacturing industry (SOCMI) distillation operatio ns are those in 40 C.F.R. §§ 60.660 to 60.668, inclusive, ( July 1,

2012 July 1, 2014 ).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 S DR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.A

- 72

74:36:07:27. Standards of performance for nonmetallic mineral processing plants. The standards of performance for nonmetallic mineral processing plants are those in 40 C.F.R. §§ 60.670 to 60.676, inclusive, ( July 1, 201 2 July 1, 2014 ).

Source: 12 SDR 183, effective May 21, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:23:02, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective

Jan uary 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:28. Standards of performance for magnetic tape coating facilities. The standards of performance for magnetic tape coating facilities are those in 40 C.F.R. §§ 60.710 to 60.718, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective Jun e 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.A

- 73

General Authorit y: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:31. Standards of performance for graphic arts industry

-- Publication rotogravure printing. The standards of performance for publication rotogravure printing in the graphic arts industry are tho se in 40 C.F.R. §§ 60.430 to 60.435, inclusive, ( July 1, 2012 July 1,

2014 ).

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR

209 , effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:32. Standards of performance for volatile organic compound emissions from synthetic organic chemical manufacturing industry (SOCMI) reactor processes. The standards of performance for volatile organic compound emissions from synthetic organic chemical manufacturing ind ustry reactor processes are those in 40 C.F.R. § 60, Subpart RRR ( July 1, 2012 July 1, 2014 ).

Source: 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2 005; 32 SDR 209,A

- 74

effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:33. Standards of perform ance for calciners and dryers in mineral

industries. The standards of performance for calciners and dryers in mineral industries are those in 40 C.F.R. § 60, Subpart UUU ( July 1, 2012 July 1, 2014 ).

Source: 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective Ju ne 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:34. Existing municipal solid waste landfill. The owner or operator of an existing municipal solid waste landfill that meets the following conditions shall comply wi th §§ 74:36:07:35 to 74:36:07:42, inclusive:

(1) The landfill has accepted waste at any time since November 8, 1987, or has additional design capacity available for future waste deposition;A

- 75

(2) The landfill has a design capacity greater than or equal to 2.5 million megagrams and 2.5 million cubic meters. The landfill may calculate design capacity either in megagrams or cubic meters. Density conversions must be documented and submitted with the report; and

(3) The landfill has a nonmethane organic co mpound emission rate of 50 megagrams a year or more. The calculation of the landfill nonmethane organic compound emission rate must meet the requirements of 40 C.F.R. § 60.754 ( July 1, 2012 July 1, 2014 ), to determine the landfill nonmethane organic compou nd emission rate.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 200 6; 33 SDR 217, effective June 13,
2007; 36 SDR 209, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:36. Collection system. The department shall approve the collect ion and control system plan if it is equivalent to or meets the conditions provided in 40 C.F.R. § 60.752(b)(2)(ii) ( July 1, 2012 July 1, 2014 ), and the control requirements in § 74:36:07:37.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, e ffective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101,A

- 76

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 S DR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:37. Control system. The department shall approve the control system if it is equivalent to or meets one of the following requirements:

(1) An open flare designed and operated in accordance with the parameters established in 40 C.F.R. § 60.18 ( July 1, 2012 July 1, 2014 );

(2) A control system designed and operated to reduce nonmethane organic compounds by 98 percent by weight; or

(3) An enclosed combustor designed and operated to either reduce nonmethane organic compounds by 98 percent by weight or the outlet nonmethane organic compound concentration to 20 parts per million as hexane by volume, dry basis at three percent oxygen, o r less.

Source: 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6.A

- 77

Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:39. Existing municipal solid waste landfill operational standards for collection and control systems. The owne r or operator of an existing municipal solid waste landfill that meets the requirements of § 74:36:07:34 shall meet the operational standards for collection and control systems in 40 C.F.R. § 60.753 ( July 1, 2012 July 1, 2014 ).

Source: 23 SDR 106, effect ive December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:40. Existing municipal solid waste landfill compliance provisions. The owner or operator of an existing munic ipal solid waste landfill that meets the requirements of § 74:36:07:34 shall meet the compliance provisions in 40 C.F.R. § 60.755 ( July 1, 2012 July 1,

2014 ).

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999;

26 SDR 16 8, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.A

- 78

General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:41. Existing municipal solid waste landfill monitoring provisions. The owner or operator of an existing municipal solid waste landfill that meets the requirements of § 74:36:07:3 4 shall meet the monitoring provisions in 40 C.F.R. § 60.756 ( July 1, 2012 July 1,

2014 ).

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 3 1 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:42. Existing municipal solid waste landfill reporting and recordkeeping. The owner or operator of an existing municipal solid waste landfill that meets the requirements of § 74:36:07:34 shall meet the reporting and recordkeeping requirements spe cified in 40 C.F.R. §§ 60.757 and 60.758 ( July 1, 2012 July 1, 2014 ).

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101,A

- 79

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:42.01. Addi tional reporting for existing municipal solid waste landfills. The owner or operator of an existing municipal solid waste landfill that meets the requirements of subdivisions 74:36:07:34(1) and (2) shall submit an initial nonmethane organic compound

emissi on rate report within 90 days of the effective date of EPA's approval of the state's § 111(d) plan required in the Clean Air Act and annually or every five years thereafter in accordance with 40 C.F.R. § 60.757(b) ( July 1, 2012 July 1, 2014 ).

Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,

2 010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18

74:36:07:43. Standards of performance for new municipal solid waste landfills. The standards of performance for municipal solid waste landfills t hat commenced construction, reconstruction, or modification on or after May 29, 1991, are those in 40 C.F.R. §§ 60.751 to 60.759, inclusive, ( July 1, 2012 July 1, 20 14 ). Physical or operational changes made to existingA

- 80

municipal solid waste landfills solel y to comply with §§ 74:36:07:34 to 74:36:07:42, inclusive, or activities required by or conducted pursuant to a CERCLA, RCRA, or state remedial action are not considered construction, reconstruction, or modification for purposes of this section.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective Jun e 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:44. Standards of performance for nitric acid plants. The standards of performance for nitri c acid plants are those in 40 C.F.R. §§ 60.70 to 60.74, inclusive, ( July 1,

2012 July 1, 201 4 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6.

Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:45. Standards of performance for sulfuric acid plants. The standards of performance for sulfuric acid plants are those in 40 C.F.R. §§ 60.80 to 60.85, inclusive, ( July 1,

2012 July 1 , 2014 ).A

- 81

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:46. Standards of performance for petroleum refineries. The standards of performance for petroleum refineries are those in 40 C.F.R. § 60, Subpart J ( July 1, 2012 July 1,

20 14 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Aut hority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:46.01. Standards of performance for petroleum refineries for which construction, reconstruction, or modification commenced after May 14, 2007. The standards of performance for petroleum ref ineries for which construction, reconstruction, or modification commenced after May 14, 2007, are those in 40 C.F.R. § 60, Subpart Ja, ( July 1, 2012 July 1,

20 14 ).

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A

- 1

- 6.A

- 82

Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:47. Standards of performance for secondary lead smelters. The standards of performance for secondary lead smelters are those in 40 C.F.R. §§ 60.120 to 60.123, inclusive, ( July 1, 2012 J uly 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:48. Standards of performance for secondary brass and bronze production plants. The standards of performance for secondary brass and bronze production plants are those in 40 C.F.R. §§ 60.130 to 60.133, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effect ive June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:49. Standards of performance for primary emissions from basic oxygen process furnaces for which construction commenced after June 11, 1973. The standards ofA

- 83

performance for basic oxygen process furnaces are those in 40 C.F.R. §§ 60.140 to 60.144, inclusive, ( July 1, 20 12 July 1, 20 14 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:50. Standards of performance for secon dary emissions from basic oxygen process steelmaking facilities for which construction commenced after January 20, 1983. The standards of performance for basic oxygen process steelmaking facilities are those in 40 C.F.R. §§ 60.140a to 60.145a, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:51. Standards of performance for primary copper smelter. The standards of performance for primary copper smelters are those in 40 C.F.R. §§ 60.160 to 60.166, inclusive, ( July 1, 2012 July 1, 2014 ).A

- 84

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:52. Standards of performance for primary zinc smelter. The standards of performance for primary zinc smelters are those in 40 C.F.R. §§ 60.170 to 60.176, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:53. Standards of performance for primary lead smelter. The standards of performance for primary lead smelters are those in 40 C.F.R. §§ 60.180 to 60.186, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.A

- 85

74:36:07:54. Standards of performance for primary aluminum reduction plant

. The standards of performance for primary aluminum reduction plants are those in 40 C.F.R. §§ 60.190 to 60.195, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effecti ve June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:55. Standards of performance for wet

- process phosphoric acid plant. The standards of performance for wet

- process phosphoric acid plants are those in 40 C.F.R. §§ 60.200 to 60.204, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36 :07:56. Standards of performance for superphosphoric acid plant. The standards of performance for superphosphoric acid plants are those in 40 C.F.R. §§ 60.210 to 60.214, inclusive, ( July 1, 2012 July 1, 2014 ).A

- 86

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:57. Standards of performance for diammonium phosphate plant. The standards of performance for diammonium phosphate plants are those in 40 C.F.R. §§ 60.220 to 60.224, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:58. Standards of performance for triple superphosphate plant. The standards of performance for triple superphosphate plants are those in 40 C.F.R. §§ 60.230 to 60.234, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective Jun e 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.A

- 87

74:36:07:59. Standards of performance for granular triple superphosphate storage facility. The standards of performance for granular triple superphosphate storage facilities are those in 40 C.F.R. §§ 60.240 to 60.244, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:60. Standards of performance for ferroalloy production plant. The standards of performance for ferroalloy production plants are those in 40 C.F.R. §§ 60.260 to 60.266, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217 , effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:61. Standards of performance for electric arc furnaces and argon

- oxygen decarburization vessels constructed after August 17, 1983. The standards of performance for electric arc furnaces and argon

- oxygen decarburization vessels are those in 40 C.F.R. §§ 60.270a

to 60.27 6a, inclusive, ( July 1, 2012 July 1, 2014 ).A

- 88

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:62. Standard s of performance for kraft pulp mills. The standards of performance for kraft pulp mills are those in 40 C.F.R. §§ 60.280 to 60.285, inclusive, ( July 1,

2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:63. Standards of performance for glass manufacturing plant. The standards of performance for glass manufacturing plants are those in 40 C.F.R. §§ 60.290 to 60.296, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.A

- 89

74:36:07:64. Standards of performance for surface coating of metal furniture. The standards of performance for surface coating of metal furniture are those in 40 C.F.R. §§ 60.3 10 to 60.316, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:65. Standards of performance for lead

- acid battery manufacturing plant. The standards of performance for lead

- acid battery manufacturing plants are those in 40 C.F.R. §§ 60.370 to 60.374, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effectiv e June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:66. Standards of performance for automobile and light duty truck surface coating opera tions. The standards of performance for automobile and light duty truck surface coating operations are those in 40 C.F.R. §§ 60.390 to 60.398, inclusive, ( July 1, 2012 July 1,

2014 ).A

- 90

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 208, effective June 28, 2010; 39 SDR 219, effective June 25,2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:67. Standards of performance for phosphate rock plants. The standards of performance for phosphate rock plants are those in 40 C.F .R. §§ 60.400 to 60.404, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:68. Standards of performance for ammonium sulfate manufacture. The standards of performance for ammonium sulfate manufacture are those in 40 C.F.R. §§ 60.420 to 60.424, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.A

- 91

74:36:07:69. Standards of performance for industrial surface coating

-- Large appliances. The standards of performance for industrial surface coating of large appliances are those in 40 C.F.R. §§ 60.450 to 60.456, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39

SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:70. Standards of performance for metal coil surface coating. The standards of performance for metal coil surface coating are those in 40 C.F.R. §§ 60.460 to 60.466, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07 :71. Standards of performance for asphalt processing and asphalt roofing

manufacture. The standards of performance for asphalt processing and asphalt roofing manufacture are those in 40 C.F.R. §§ 60.470 to 60.474, inclusive, ( July 1, 2012 July 1, 2014 ).A

- 92

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:72. Standards of performance for beverage can surface coa ting industry. The standards of performance for beverage can surface coating industry are those in 40 C.F.R. §§ 60.490 to 60.496, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:73. Standards of performance for rubber tire manufacturing industry. The standards of performance for rubber tire manufacturing industry are those in 40 C.F.R. §§ 60.540 to 60.548, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 3 6 SDR 207, effective June 28, 1010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.A

- 93

74:36:07:74. Standards of performance for volatile organic compound emissions from polymer manufacturing industry

. The standards of performance for polymer manufacturing industry are those in 40 C.F.R. §§ 60.560 to 60.566, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:75. Standards of performance for flexible vinyl and urethane coating and printing. The standards of performance for flexible vinyl and urethane coating and printi ng are those in 40 C.F.R. §§ 60.580 to 60.585, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implement ed: SDCL 34A

- 1

- 18.

74:36:07:76. Standards of performance for equipment leaks of VOC in petroleum

refineries. The standards of performance for equipment leaks in petroleum refineries are those in 40 C.F.R. §§ 60.590 to 60.593, inclusive, ( July 1, 2012 Ju ly 1, 2014 ).A

- 94

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:76.01. Standards of performance for equipme nt leaks of VOC in petroleum

refineries. The standards of performance for equipment leaks in petroleum refineries for which construction, reconstruction, or modification commenced after November 7, 2006, are those in 40 C.F.R. § 60, Subpart GGGa, ( July 1, 2012 July 1, 2014 ).

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:77. Standards of performance for synthetic fiber production facility. The standards of performance for synthetic fiber production facilities are those in 40 C.F.R. §§ 60.600 to 60.604, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effe ctive June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.A

- 95

74:36:07:78. Standards of performance for VOC emissions from synthetic organic chemical manufacturing industry air oxidation unit process. The standards of performan ce for synthetic organic chemical manufacturing industry air oxidation unit processes are those in 40 C.F.R. §§ 60.610 to 60.618, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:79. Standards of performance for equipment leaks of VOC from onshore natural gas processing plant. The standards of performance for equipment leaks from onshore natural gas processing plants are those in 40 C.F.R. §§ 60.630 to 60.636, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

G eneral Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:80. Standards of performance for onshore natural gas processing. The standards of performance for onshore natural gas processing are those in 40 C.F.R. §§ 60.640 to 60.648, inclus ive, ( July 1, 2012 July 1, 2014 ).A

- 96

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:81. Standards of performance for wool fiberglass insulation manufacturing plant. The standards of performance for wool fiberglass insulation manufacturing plants are those in 40 C.F.R. §§ 60.680 to 60.685, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:82. Standards of performance for VOC emissions from petroleum ref inery
wastewater system. The standards of performance fo r petrol eum refinery wastewater systems are those in 40 C.F.R. §§ 60.690 to 60.699, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28 , 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.A

- 97

74:36:07:83. Standards of performance for industrial surface coating

-- Surface coating of plastic parts for business machines. The standards of performance for the surface coating of plastic parts for business machines are those in 40 C.F.R. §§ 60.720 to 60.726, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39

SDR 21 9, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:84. Standards of performance for polymeric coating of supporting substrates facility. The standards of performance for polymeric coating of supportin g substrates facilities are those in 40 C.F.R. §§ 60.740 to 60.748, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:85. Standards of performance for small municipal waste combustion units for which construction commenced after August 30, 1999, or modification or reconstruction commenced after June 6, 2001. The standards of performance for smallA

- 98

municipal waste combustion units are those in 40 C.F.R. § 60, Subpart AAAA ( July 1, 2012 July 1, 2014 ),

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:86. Standards of performance for commercial or industrial solid w aste incineration units for which construction commenced after November 30, 1999, or modification or reconstruction commenced on or after June 1, 2001. The standards of performance for commercial solid waste incineration units are those in 40 C.F.R. § 60, Subpart CCCC ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:87. Standards of performance for other solid waste incineration units for which construction commenced after December 9, 2004, or modification or reconstruction commenced on or after June 16, 2006. The standards of performance for other solid waste

incineration units ar e those in 40 C.F.R. § 60, Subpart EEEE ( July 1, 2012 July 1, 2014 ).A

- 99

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:88. Standards of performance for stationary compression ignition internal combustion engines. The standards of performance for stationary compression ignition internal combustion engines are those in 40 C.F.R. § 60, Subpart IIII ( July 1, 2012 July 1, 2014 ). A source subject to Subpart IIII is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart IIII. Exempted so urces must still meet the applicable requirements in Subpart IIII.

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:89. Standards of performance for stationary combustion turbines. The standards of performance for stationary combustion turbines are those in 40 C.F.R. §§ 60.4300 to 60.4420, inclusive, ( July 1, 2012 July 1, 2014 ).A

- 100

Source: 33 SDR 217, effectiv e June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:90. Standards of performance for stationary spark ignition internal combustion engines

. The standards of performance for stationary spark combustion engines are those in 40 C.F.R. § 60, Subpart JJJJ ( July 1, 2012 July 1, 2014 ). A source subject to Subpart JJJJ is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart JJJJ. Exempted sources must still meet the applicable requirements in Subpart JJJJ.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, eff ective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:91. Standards of performance for nitric acid plants for which construction, reconstruction, or modification commenced after October 14, 2011. The standards of performance for nitric acid plants are those in 40 C.F.R. § 60, Subpart Ga ( July 1, 2012 July 1,

2014 ).

Source: 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6.A

- 101

Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:92. Standards of perfor mance for new sewage sludge incineration units. The standards of performance for new sewage sludge incineration units are those in 40 C.F.R. § 60, Subpart LLLL ( July 1, 2012 July 1, 2014 ).

Source: 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:07:9 3

. Standards of performance for crude oil and natural gas production,

transmission and distribution. The standards of performance for crude oil and natural gas production, transmission, and distribution are those in 40 C.F.R. § 60, Subpart OOOO ( July 1, 2014 ).

Source: General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

CHAPTER 74:36:08

NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTSA

- 102

Section

74:36:08:00 Administrator defined.

74:36:08:01 General provisions

-- National emission standards for hazardous air pollutants.

74:36:08:02 Emission standards for asbestos air pollutants.

74:36:08:02.01 Emission standards for equipment leaks (fugitive emission sources) of benzene.

74:36:08:02.02 Emission standards for benzene emissions from benzene storage vessels.

74:36:08:02.03 Emission standards for benzene emissions from benzene transfer operations.

74:36:08:0 2.04 Emission standards for benzene waste operations.

74:36:08:03 General provisions

-- National emission standards for hazardous air pollutants

for source categories.

74:36:08:03.01 Requirements for control technology determinations for major sources in

accordance with Clean Air Act sections 112(g) and 112(j).

74:36:08:04 National perchloroethylene air emission standards for dry cleaning facilities.

74:36:08:05 National emission standards for organic hazardous air pollutants from the

synthetic organic c hemical manufacturing industry.

74:36:08:06 National emission standards for organic hazardous air pollutants from synthetic

organic chemical manufacturing industry process vents, storage vessels, transfer operations, and wastewater.

74:36:08:07 National emission standards for organic hazardous air pollutants for equipment

leaks.A

- 103

74:36:08:08 National emission standards for organic hazardous air pollutants for certain

processes subject to negotiated regulations for equipment leaks.

74:36:08:09 National em ission standards for chromium emissions from hard and decorative

chromium electroplating and chromium anodizing tanks.

74:36:08:10 National emission standards for ethylene oxide emissions from sterilization

facilities.

74:36:08:11 National emission stand ards for industrial process cooling towers.

74:36:08:12 National emission standards for gasoline distribution facilities (bulk gasoline

terminals and pipeline breakout stations).

74:36:08:13 National emission standards for halogenated solvent cleaning.

7 4:36:08:14 National emission standards for wood furniture manufacturing operations.

74:36:08:15 National emission standards for aerospace manufacturing.

74:36:08:16 National emission standards for tanks.

74:36:08:17 National emission standards for containers.

74:36:08:18 National emission standards for surface impoundments.

74:36:08:19 National emission standards for individual drain systems.

74:36:08:20 National emission standards for oil

- water separators and organic

- water

separators.
74:36:08:2 0.01 National emission standards for closed vent systems, control devices, recovery

devices, and routing to a fuel gas system or a process.

74:36:08:20.02 National emission standards for equipment leaks.

74:36:08:21 National emission standards for hazardo us air pollutants from the portland

cement manufacturing industry.A

- 104

74:36:08:22 National emission standards for hazardous air pollutants for pesticide active

ingredient production.

74:36:08:23 National emission standards for the printing and publishing in dustry.

74:36:08:24 National emission standards for oil and natural gas production facilities.

74:36:08:25 National emission standards for natural gas transmission and storage facilities.

74:36:08:26 National emission standards for secondary aluminum pr oduction.

74:36:08:27 National emission standards for publicly owned treatment works.

74:36:08:28 National emission standards for solvent extraction for vegetable oil production.

74:36:08:29 National emission standards for paper and other web coating.

7 4:36:08:30 National emission standards for municipal solid waste landfills.

74:36:08:31 National emission standards for surface coating of metal furniture.

74:36:08:32 National emission standards for integrated iron and steel manufacturing

facilities.

7 4:36:08:33 National emission standards for brick and structural clay products

manufacturing.

74:36:08:34 National emission standards for asphalt processing and asphalt roofing

manufacturing.

74:36:08:35 National emission standards for flexible polyurethane foam fabrication

operations.

74:36:08:36 National emission standards for engine test cells/stands.

74:36:08:37 National emission standards for surface coating of miscellaneous metal parts and

products.

74:36:08:38 National emission standard s for reinforced plastic composites production.A

- 105

74:36:08:39 National emission standards for stationary combustion turbines.

74:36:08:40 National emission standards for stationary reciprocating internal combustion

engines.

74:36:08:41 National emission s tandards for industrial, commercial, and institutional boilers

and process heaters.

74:36:08:42 National emission standards for polyvinyl chloride and copolymers production.

74:36:08:43 National emission standards for coke oven batteries.

74:36:08:44 Na tional emission standards for pulp and paper industry.

74:36:08:45 National emission standards for group I polymers and resins.

74:36:08:46 National emission standards for epoxy resins production and non

- nylon

polyamides production.

74:36:08:47 National emission standards for secondary lead smelting.

74:36:08:48 National emission standards for phosphoric acid manufacturing plants.

74:36:08:49 National emission standards for phosphate fertilizers production plants.

74:36:08:50 National emission standar ds for petroleum refineries.

74:36:08:51 National emission standards for off

- site waste and recovery operations.

74:36:08:52 National emission standards for magnetic tape manufacturing operations.

74:36:08:53 National emission standards for primary alum inum reduction plants.

74:36:08:54 National emission standards for chemical recovery combustion sources at kraft,

soda, sulfite, and stand

- alone semichemical pulp mills.

74:36:08:55 National emission standards for ethylene manufacturing process units

-- Heat

exchange systems and waste operations.

74:36:08:56 Generic maximum achievable control technology standards.A

- 106

74:36:08:57 National emission standards for steel pickling

-- HC1 process facilities and

hydrochloric acid regeneration plants.

74:36:08:58 National emission standards for mineral wool production.

74:36:08:59 National emission standards for hazardous waste combustors.

74:36:08:60 National emission standards for pharmaceutical production.

74:36:08:61 National emission standards for group IV polymers and resins.

74:36:08:62 National emission standards for wool fiberglass production.

74:36:08:63 National emission standards for manufacture of amino/phenolic resins.

74:36:08:64 National emission standards for polyether polyols production.

74:3 6:08:65 National emission standards for primary copper smelting.

74:36:08:66 National emission standards for primary lead smelting.

74:36:08:67 National emission standards for petroleum refineries

-- Catalytic cracking,

catalytic reforming, and sulfur recovery units.

74:36:08:68 National emission standards for ferroalloy production

-- Ferromanganese and

silicomanganese.

74:36:08:69 National emission standards for the manufacture of nutritional yeast.

74:36:08:70 National emission standards for plywoo d and composite wood products.

74:36:08:71 National emission standards for non

- gasoline organic liquids distribution.

74:36:08:72 National emission standards for miscellaneous organic chemical manufacturing.

74:36:08:73 National emission standards for w et

- formed fiberglass mat production.

74:36:08:74 National emission standards for surface coating of automobiles and light duty

trucks.

74:36:08:75 National emission standards for surface coating of metal cans.A

- 107

74:36:08:76 National emission standards for surface coating of large appliances.

74:36:08:77 National emission standards for printing, coating, and dyeing of fabrics and

other textiles.

74:36:08:78 National emission standards for surface coating of plastic parts and products.

74:36:08:79 Nationa l emission standards for surface coating of wood building products.

74:36:08:80 National emission standards for surface coating of metal coil.

74:36:08:81 National emission standards for leather finishing operations.

74:36:08:82 National emission standa rds for cellulose products manufacturing.

74:36:08:83 National emission standards for boat manufacturing.

74:36:08:84 National emission standards for rubber tire manufacturing.

74:36:08:85 National emission standards for lime manufacturing plants.

74:36 :08:86 National emission standards for semiconductor manufacturing.

74:36:08:87 National emission standards for coke ovens

-- Pushing, quenching, and battery

stacks.

74:36:08:88 National emission standards for iron and steel foundries.

74:36:08:89 National emission standards for site remediation.

74:36:08:90 National emission standards for miscellaneous coating manufacturing.

74:36:08:91 National emission standards for mercury cell chlor

- alkali plants.

74:36:08:92 National emission standards for clay ceramics manufacturing.

74:36:08:93 National emission standards for flexible polyurethane foam production.

74:36:08:94 National emission standards for hydrochloric acid production.

74:36:08:95 National emission standards for friction materials manu facturing facilities.

74:36:08:96 National emission standards for taconite iron ore processing.A

- 108

74:36:08:97 National emission standards for refractory products manufacturing.

74:36:08:98 National emission standards for primary magnesium refining.

74:36: 08:99 National emission standards for polyvinyl chloride and copolymers production

area sources.
74:36:08:100 National emission standards for primary copper smelting area sources.

74:36:08:101 National emission standards for secondary copper smelting ar ea sources.
74:36:08:102 N ational emission standards for primary nonferrous metals area sources

-- Zinc,

cadmium, and beryllium.

74:36:08:103 National emission standards for hospital ethylene oxide sterilizers.

74:36:08:104 National emission standards f or electric arc furnace steelmaking facility area

sources.
74:36:08:105 National emission standards for iron and steel foundry area sources.

74:36:08:106 National emission standards for gasoline distribution bulk terminals, bulk plants,

and pipeline faci lities.

74:36:08:107 National emission standards for gasoline dispensing facilities.

74:36:08:108 National emission standards for paint stripping and miscellaneous surface

coating area sources.

74:36:08:109 National emission standards for acrylic and modacrylic fiber production area

sources.
74:36:08:110 National emission standards for carbon black production area sources.

74:36:08:111 National emission standards for chemical manufacturing area sources

--

Chromium compounds.A

- 109

74:36:08:112 National em ission standards for flexible polyurethane foam production and

fabrication area sources.

74:36:08:113 National emission standards for lead acid battery manufacturing area sources.

74:36:08:114 National emission standards for wood preserving area sources.

74:36:08:115 National emission standards for clay ceramic manufacturing area sources.

74:36:08:116 National emission standards for glass manufacturing area sources.

74:36:08:117 National emission standards for secondary nonferrous metal processing area

sources.
74:36:08:118 National emission standards for plating and polishing area sources.

74:36:08:119 National emission standards for nine metal fabrication and finishing area

sources.
74:36:08:120 National emission standards for ferroalloys productio n area sources.
74:36:08:121 National emission standards for aluminum, copper, and other nonferrous

foundry area sources.

74:36:08:122 National emission standards for coal

- and oil

- fired electric utility steam

generating units.

74:36:08:123 National emi ssion standards for industrial, commercial, and institutional boilers

area sources.
74:36:08:124 National emission standards for chemical manufacturing area sources.

74:36:08:125 National emission standards for asphalt processing and asphalt roofing

manu facturing area sources.

74:36:08:126 National emission standards for chemical preparations industry area sources.A

- 110

74:36:08:127 National emission standards for paints and allied products manufacturing area

sources.
74:36:08:128 National emission standards for prepared feeds manufacturing area sources.

74:36:08:129 National emission standards for gold mine ore processing and production area

sources.
74:36:08:130 National emission standards for polyvinyl chloride and copolymers production.

74:3 6:08:01. General provisions

-- National emission standards for hazardous air pollutants. The general provisions for the national emission standards for hazardous air pollutants are those in 40 C.F.R. § 61, Subpart A ( July 1, 2012 July 1, 2014 ).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective Ja nuary 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 6, 34A

- 1

- 19.

74:36:08:02. E mission standards for asbestos air pollutants. The emission standards for asbestos air pollutants are those in 40 C.F.R. § 61, Subpart M ( July 1, 2012 July 1, 2014 ).A

- 111

Source: 11 SDR 151, effective May 12, 1985; 13 SDR 129, 13 SDR 141, effective July 1,

19 87; 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 18 SDR 95, effective December 2, 1991; transferred from § 74:26:22:02, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective Decemb er 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective July 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effe ctive June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 6, 34A

- 1

- 19.

74:36:08:02.01. Emission standards for equipment leaks (fugitive emission sources)

of benzene. The emission standards for equipment leaks of benzene are those in 40 C.F.R. § 61 Subpart J ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:02.02. Emission standards for benzene emissions from benzene storage

vessels. The emission standards for benzene emissions from benzene storage vessels are those in 40 C.F.R. § 61, Subpart Y ( July 1, 2012 July 1, 2014 ).A

- 112

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:02.03. Emission standards for benzene emissions from benzene transfer operatio ns. The emission standards for benzene emissions from benzene transfer operations are those in 40 C.F.R. § 61, Subpart BB ( July 1, 2012 July 1, 2014 ).

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: S DCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:02.04. Emission standards for benzene waste operations. The emission standards for benzene waste operations equipment leaks of benzene are those in 40 C.F.R. § 61, Subpart FF ( July 1, 2012 July 1, 2 014 ).

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:03. General provisions

-- National emission standards for hazardous air pollutants for source categories. The general provisions for the national emission standards forA

- 113

hazardous air pollutants for source categories are those in 40 C.F.R. § 63 Subpart A ( July 1, 2012 July 1, 2014 ).

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 6, 34A

- 1

- 19.

74:36:08:03.01. Requirements for control technology determinations for major

sources in accordance with Clean Air Act sections 112(g) and 112(j). The provisions for control technology determinations for major sources in accordance with Clean Air Act sections 112(g) and 112(j) are those in 40 C.F.R. § 63, Subpart B ( July 1, 2012 July 1, 2014 ).

Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28 , 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 6, 34A

- 1

- 19.A

- 114

74:36:08:04. National perchloroethylene air emission standards for dry cleaning

facilities. The national perchloroethylene air emission standards for dry cleaning facilities are those in 40 C.F.R. § 63, Subpart M ( July 1, 2012 July 1, 2014 ). A source that operates a unit subject to Subpart M is exempt from the obligation to obtain a Part 70 operating permit if the

source is n ot required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart M. Exempted sources must still meet the applicable requirements in Subpart

M.

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective D ecember 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 6, 34A

- 1

- 19.

Cross

- Reference: Complete application, § 74:36:05:09.

74:36:08:05. National emission standards for organic hazar dous air pollutants from the synthetic organic chemical manufacturing industry. The national emission standards for organic hazardous air pollutants from the synthetic organic chemical manufacturing industry are those in 40 C.F.R. § 63, Subpart F ( July 1, 2012 July 1, 2014 ).A

- 115

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 6, 34A

- 1

- 19.

74:36:08:06. National emission standards for organic hazardous air pollutants from synthetic organic chemical manufacturing industry process vents, storage vessels, transfer operations, and wastewater. The national emission standards for organic hazardous air pollutants from sy nthetic organic chemical manufacturing industry process vents, storage vessels, transfer operations, and wastewater are those in 40 C.F.R. § 63, Subpart G ( July 1, 2012 July 1, 2014 ).

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 6, 34A

- 1

- 19.A

- 116

74:36:08:07. National emission standards for organi c hazardous air pollutants for equipment leaks. The national emission standards for organic hazardous air pollutants for equipment leaks are those in 40 C.F.R. § 63, Subpart H ( July 1, 2012 July 1, 2014 ).

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 6, 34A

- 1

- 19.

74:36:08:08. National emission standards for organic hazardous air pollutants for certain pro cesses subject to negotiated regulations for equipment leaks. The national emission standards for organic hazardous air pollutants for certain processes subject to the negotiated regulations for equipment leaks are those in 40 C.F.R. § 63, Subpart I ( July 1, 2012 July 1, 2014 ).

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.A

- 117

General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 6, 34A

- 1

- 19.

74:36:08:09. National emission standards for chromi um emissions from hard and decorative chromium electroplating and chromium anodizing tanks. The national emission standards for hard and decorative chromium electroplating and chromium anodizing tanks are those in 40 C.F.R. § 63, Subpart N ( July 1, 2012 Ju ly 1, 2014 ). An area source that operates a unit subject to Subpart N is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to Sub part N. Exempted sources must still meet the applicable requirements in Subpart

N.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 1 01, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 6, 34A

- 1

- 19.

Cross

- Reference: Operating permits for part 70 sources, § 74:36:05.

74:36:08:10. National emission standards for ethylene oxide emissions from

sterilization facilities. The national emission standards for ethylene oxide from sterilizationA

- 118

facilities ar e those in 40 C.F.R. § 63, Subpart O ( July 1, 2012 July 1, 2014 ). A source that operates a unit subject to Subpart O is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart O. Exempted sources must still meet the applicable requirements in Subpart O.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 6, 34A

- 1

- 19.

74:36:08:11. National emission standards for industrial process cooling towers. The

nation al emission standards for industrial process cooling towers are those in 40 C.F.R. § 63, Subpart Q ( July 1, 2012 July 1, 2014 ). A source that operates a unit subject to Subpart Q is exempt from the obligations to obtain a Part 70 operating permit if the so urce is not required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart Q. Exempted sources must still meet the applicable requirements in Subpart Q.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101,A

- 119

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 S DR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 6, 34A

- 1

- 19.

74:36:08:12. National emission standards for gasoline distribution facilities (bulk gasoline terminals and pipeline breakout stations). The nati onal emission standards for gasoline distribution facilities (bulk gasoline terminals and pipeline breakout stations) are those in 40 C.F.R. § 63, Subpart R ( July 1, 2012 July 1, 2014 ).

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effecti ve April 4, 1999; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Au thority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 6, 34A

- 1

- 19.

74:36:08:13. National emission standards for halogenated solvent cleaning. The national emission standards for halogenated solvent cleaning are those in 40 C.F.R. § 63, Subpart T ( July 1, 2012 July 1, 2014 ). An area source that operates a unit subject to Subpart T is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart T. Exempted sources must still meet the applicable requirements in Subpart T.A

- 120

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 3 1 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 6, 34A

- 1

- 19.

74:36:08:14. National emission standards for wood furniture manufacturing operations. The national emission standards for wood furniture manufacturing operations are those in 40 C.F.R. § 63, Subpart JJ ( July 1, 2012 July 1, 2014 ).

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 6, 34A

- 1

- 19.

74:36:08:15. National emission standards for aerospace manufacturing. The national

emissio n standards for aerospace manufacturing are those in 40 C.F.R. § 63, Subpart GG ( July 1,

2012 July 1, 2014 ).A

- 121

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective S eptember 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 6, 34A

- 1

- 19.

74:36:08:16. National emission standards for tanks. The national emission standards

for tanks

-- level 1 are those in 40 C.F.R. § 63, Subpart OO ( July 1, 2012 July 1, 2014 ). The

national emission standards for tanks

-- level 2 a re those in 40 C.F.R. § 63, Subpart WW ( July 1,

2012 July 1, 2014 ).

Source: 25 SDR 123, effective April 4, 1999; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217,

effective Jun e 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25,

2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 6, 34A

- 1

- 19.

74:36:08:17. National emission standards for containers. The national emission

standards fo r containers are those in 40 C.F.R. § 63, Subpart PP ( July 1, 2012 July 1, 2014 ).A

- 122

Source: 25 SDR 123, effective April 4, 1999; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25,

2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 6, 34A

- 1

- 19.

74:36:08:18. National emission standards for surface impoundments. The national emission standards for surface impoundments are those in 40 C.F.R. § 63, Subpart QQ ( July 1,

2012 July 1, 2014 ).

Source: 25 SDR 123, effective April 4, 1999; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25,

2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 6, 34A

- 1

- 19.

74:36:08:19. National emission standards for individual drain systems. The national emission standards for individual drain systems are those in 40 C.F.R. § 63, Subpart RR ( July 1,

2012 July 1, 2014 ).A

- 123

Source: 25 SDR 123, effective April 4, 1999; 30 SDR 26, effective Septembe r 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25,

2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 3 4A

- 1

- 6, 34A

- 1

- 19.

74:36:08:20. National emission standards for oil

- water separators and organic

- water separators. The national emission standards for oil

- water separators and organic

- water separators are those in 40 C.F.R. § 63, Subpart VV ( July 1, 2012 July 1, 2014 ).

Source: 25 SDR 123, effective April 4, 1999; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25,

2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 6, 34A

- 1

- 19.

74:36:08:20.01. National emission standards for closed vent systems, control devices, recovery devices, and routing to a fuel gas system or a p rocess. The national emission standards for closed vent systems, control devices, recovery devices, and routing to a fuel gas system or a process are those in 40 C.F.R. § 63, Subpart SS ( July 1, 2012 July 1, 2014 ).A

- 124

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 6, 34A

- 1

- 19.

74:36:08:20.02. National emission standards for equipment leaks. The national emission standards for equipment leaks

-- control level 1 are those in 40 C.F.R. § 63, Subpart TT ( July 1, 2012 July 1, 2014 ). The national emission standards for equipment leaks

-- control level 2 are those in 40 C.F.R. § 63, Subpart UU ( July 1, 2012 July 1, 2014 ).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 6, 34A

- 1

- 19.

74:36:08:21. National emission standards for hazardous air pollutants from the portland cement manufacturing industry. The national emission standards for the portland cement manufacturing industry are those in 40 C.F.R. § 63, Subpart LLL ( July 1, 2012 July 1,

2014 ).A

- 125

Source: 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective Septemb er 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25,

2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 6, 34A

- 1

- 19.

74:36:08:22. National emission standards for hazardous air pollutants for pesticide active ingredient production. The national emission standards for pesticide active ingredient production are those in 40 C.F.R. § 63, Subpart MMM ( Jul y 1, 2012 July 1, 2014 ).

Source: 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25,

2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 6, 34A

- 1

- 19.

74:36:08:23. National emission standards for the printing and publishing industry. The national emission standards for the printing an d publishing industry are those in 40 C.F.R. § 63, Subpart KK ( July 1, 2012 July 1, 2014 ).A

- 126

Source: 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25,

2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 6, 34A

- 1

- 19.

74:36:08:24. National emission standards for oil and natural gas pro duction facilities. The national emission standards for oil and natural gas production facilities are those in 40 C.F.R. § 63, Subpart HH ( July 1, 2012 July 1, 2014 ). A source that operates a unit subject to Subpart HH is exempt from the obligation to obta in a Part 70 operating permit if the unit is not required to install controls and if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart HH. Exempted sources must still meet the applicabl e requirements in Subpart HH.

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 6, 34A

- 1

- 19.A

- 127

74:36:08:25. National emission standards for natural gas transmission and storage

facilities. The national emission standards for natural gas transmission and storage facilities are those in 40 C.F.R. § 63, Subpart HHH ( July 1, 2012 July 1, 2014 ).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 6, 34A

- 1

- 19.

74:36:08:26. National emission standards for secondary aluminum production. The national emission standards for secondary aluminum production are those in 40 C.F.R. § 63, Subpart RRR ( July 1, 2012 July 1, 2014 ).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 20 05; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 6, 34A

- 1

- 19.

74:36:08:27. National emi ssion standards for publicly owned treatment works. The national emission standards for publicly owned treatment works are those in 40 C.F.R. § 63, Subpart VVV ( July 1, 2012 July 1, 2014 ).A

- 128

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effec tive January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 6, 34A

- 1

- 19.

74:36:08 :28. National emission standards for solvent extraction for vegetable oil production. The national emission standards for solvent extraction of vegetable oil production are those in 40 C.F.R. § 63, Subpart GGGG ( July 1, 2012 July 1, 2014 ).

Source: 30 SD R 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 6, 34A

- 1

- 19.

74:36:08:29. National emission standards for paper and other web coating. The national emission standards for paper and other web coating are those in 40 C.F.R. § 63, Subpart JJJJ ( July 1, 2012 July 1, 2014 ).A

- 129

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: S DCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 6, 34A

- 1

- 19.

74:36:08:30. National emission standards for municipal solid waste landfills. The national emission standards for municipal solid waste landfills are those in 40 C.F.R. § 63, Subpart AAAA ( July 1, 2 012 July 1, 2014 ).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 6, 34A

- 1

- 19.

74:36:08:31. National emission standards for surface coating of metal furniture. The national emission standards for surface coating of metal furniture are those in 40 C.F.R. § 63, Subpart RRRR ( July 1, 2012 July 1, 2014 ).

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.A

- 130

General Auth ority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 6, 34A

- 1

- 19.

74:36:08:32. National emission standards for integrated iron and steel manufacturing facilities. The national emission standards for integrated iron and steel manufacturing are those in 40 C .F.R. § 63, Subpart FFFFF ( July 1, 2012 July 1, 2014 ).

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

Gen eral Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 6, 34A

- 1

- 19.

74:36:08:33. National emission standards for brick and structural clay products manufacturing. The national emission standards for brick and structural clay products manufacturing a re those in 40 C.F.R. § 63, Subpart JJJJJ ( July 1, 2012 July 1, 2014 ).

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 6, 34 A

- 1

- 19.A

- 131

74:36:08:34. National emission standards for asphalt processing and asphalt roofing manufacturing. The national emission standards for asphalt processing and asphalt roofing manufacturing are those in 40 C.F.R. § 63, Subpart LLLLL ( July 1, 2012 July 1, 2014 ).

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Imple mented: SDCL 34A

- 1

- 6, 34A

- 1

- 19.

74:36:08:35. National emission standards for flexible polyurethane foam fabrication operations. The national emission standards for flexible polyurethane foam fabrication operations are those in 40 C.F.R. § 63, Subpart MM MMM ( July 1, 2012 July 1, 2014 ).

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 3 4A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 6, 34A

- 1

- 19.

74:36:08:36. National emission standards for engine test cells/stands. The national emission standards for engine test cells/stands are those in 40 C.F.R. § 63, Subpart PPPPP ( July
1, 2012 July 1, 2014 ).A

- 132

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 3 4A

- 1

- 6, 34A

- 1

- 19.

74:36:08:37. National emission standards for surface coating of miscellaneous metal parts and products. The national emission standards for surface coating of miscellaneous metal parts and products as published in 40 C.F.R. § 63, Subpa rt MMMM ( July 1, 2012 July 1, 2014 ).

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 6, 34A

- 1

- 19.

74:36:08:38. National emission standards for reinforced plastic composites production. The national emission standards for reinforced plastic composites production are those in 40 C.F.R. § 63, Sub part WWWW ( July 1, 2012 July 1, 2014 ).

Source: 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.A

- 133

General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34 A

- 1

- 6, 34A

- 1

- 19.

74:36:08:39. National emission standards for stationary combustion turbines. The national emission standards for stationary combustion turbines are those in 40 C.F.R. § 63, Subpart YYYY ( July 1, 2012 July 1, 2014 ).

Source: 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 6, 34A

- 1

- 19.

74:36:08:40. National emissi on standards for stationary reciprocating internal combustion engines. The national emission standards for stationary reciprocating internal combustion engines are those in 40 C.F.R. § 63, Subpart ZZZZ ( July 1, 2012 July 1, 2014 ).

Source: 32 SDR 209, eff ective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 6, 34A

- 1

- 19.

74:36:08:41. National emission standards for industrial, commercial, and institutional boilers and process heaters. The national emission standards for industrial,A

- 134

commercial, and institutional boilers and process heaters are those in 40 C.F.R. § 63, Subpart DDDDD ( July 1, 2012 July 1, 2014 ).

Sour ce: 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 6, 34A

- 1

- 19.

74:36:08:42. National emission standards for polyvinyl chloride and copolymers production. The national emission standards for polyvinyl chloride and copolymers production are those in 40 C.F.R. § 63, Subpart J ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:43. National emission standards for coke oven batteries. The national

emission standards for coke oven batteries are those in 40 C.F.R. § 63, Subpart L, ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.A

- 135

General Authority: SDCL 34A

- 1

- 6. Law Impleme nted: SDCL 34A

- 1

- 18.

74:36:08:44. National emission standards for pulp and paper industry. The national emission standards for pulp and paper industry are those in 40 C.F.R. § 63, Subpart S, ( July 1,

2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:45. National emission standards for group I polymers and resins. The national emission standards for group I polymers and resins are those in 40 C.F.R. § 63, Subpart U, ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

G eneral Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:46. National emission standards for epoxy resins production and non

- nylon polyamides production. The national emission standards for epoxy resins production and non

-A

- 136

nylon polyamides production are those in 40 C.F.R. § 63, Subpart W, ( July 1, 2012 July 1,

2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Imple mented: SDCL 34A

- 1

- 18.

74:36:08:47. National emission standards for secondary lead smelting. The national emission standards for secondary lead smelting are those in 40 C.F.R. § 63, Subpart X ( July 1,

2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:48. National emission standards for phosphoric acid manufacturing plants.
The national e mission standards for phosphoric acid manufacturing plants are those in 40 C.F.R. § 63, Subpart AA ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.A

- 137

Genera l Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:49. National emission standards for phosphate fertilizers production plants. The national emission standards for phosphate fertilizers production plants are those in 40 C.F.R. § 63, Subpart BB ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:50. National emission standards for petroleum refineries. The national emission standards for petroleum refineries are those in 40 C.F.R. § 63, Subpart CC ( July 1,

2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.A

- 138

74:36:08:51. National emission standards for off

- site waste and recovery operations.
The national emission standards for off

- site waste and recovery operations are those in 40 C.F.R. § 63, Subpart DD ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective Jun e 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:52. National emission standards for magnetic tape manufacturing operations. The national emission standards for magnetic tape ma nufacturing operations are those in 40 C.F.R. § 63, Subpart EE ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Impl emented: SDCL 34A

- 1

- 18.

74:36:08:53. National emission standards for primary aluminum reduction plants. The national emission standards for primary aluminum reduction plants are those in 40 C.F.R. § 63, Subpart LL ( July 1, 2012 July 1, 2014 ).A

- 139

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:54. National emission standards for chemical recovery combustion sources at kraft, soda, sulfite, and stand

- alone semichemical pulp mills. The national emission standards for chemical recovery combustion sources at kraft, soda, sulfite, and stand

- alone semichemical pu lp mills are those in 40 C.F.R. § 63, Subpart MM ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013 General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 3 4A

- 1

- 18.

74:36:08:55. National emission standards for ethylene manufacturing process units

-- Heat exchange systems and waste operations. The national emission standards for heat exchange systems and waste operations are those in 40 C.F.R. § 63, Subpart XX ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013 General Authority: SDCL 34A

- 1

- 6.A

- 140

Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:56. Generic maximum achi evable control technology standards. The generic maximum achievable control technology standards are those in 40 C.F.R. § 63, Subpart YY ( July
1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39

SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:57. National emission standards for steel pickling

-- HC1 process facilities and hydrochloric acid regeneration plants. The national emission stan dards for HC1 process facilities and hydrochloric acid regeneration plants are those in 40 C.F.R. § 63, Subpart CCC ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.A

- 141

74:36:08:58. National emission standards for mineral wool production. The national emission standards for mineral wool production are those in 40 C.F.R. § 63, Subpart DDD ( July
1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:59. National emission standards for hazardous waste combusters. The national emission standards for hazardous waste combusters are those in 40 C.F.R. § 63, Subpart EEE ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective Ju ne 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:60. National emission standards for pharmaceutical production. The national emission standards for pharmaceutical production a re those in 40 C.F.R. § 63, Subpart GGG ( July 1, 2012 July 1, 2014 ).A

- 142

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:61. National emission standards for group IV polymers and resins. The national emission standards for group IV polymers and resins are those in 40 C.F.R. § 63, Subpart JJJ ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2 007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:62. National emission standards for wool fiberglass production. The national

emission standards fo r wool fiberglass production are those in 40 C.F.R. § 63, Subpart NNN ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010 ; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.A

- 143

74:36:08:63. National emission standards for manufacture of amino/phenolic resins. The national emission standards for the manufacture of amino/phenolic resins are those in 40 C.F.R. § 63, Subpart OOO ( July 1, 2012 July 1 , 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:64. National emission standards for polyether p olyols production. The national emission standards for polyether polyols production are those in 40 C.F.R. § 63, Subpart PPP ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effect ive June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:65. National emission standards for primary copper smelting. The national emission standards for primary copper smelting are those in 40 C.F.R. § 63, Subpart QQQ ( July
1, 2012 July 1, 2014 ).A

- 144

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:66. National emission s tandards for primary lead smelting. The national emission standards for primary lead smelting are those in 40 C.F.R. § 63, Subpart TTT ( July 1,

2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39

SDR 2 19, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:67. National emission standards for petroleum refineries

-- Catalytic cracking, catalytic reforming, and sulfur recovery units. The national emission standards for catalytic cracking, catalytic reforming, and sulfur recovery units at petroleum refineries are those in 40 C.F.R. § 63, Subpart UUU ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.A

- 145

74:36:08:68. National emission standards for ferroalloy production

--
Ferr omanganese and silicomanganese. The national emission standards for ferromanganese and silicomanganese production are those in 40 C.F.R. § 63, Subpart XXX ( July 1, 2012 July 1,

2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective Jun e 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:69. National emission standards for the manufacture of nutritional yeast.
The national emission standards for the manufacture of nutritional yeast are those in 40 C.F.R. § 63, Subpart CCCC ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implem ented: SDCL 34A

- 1

- 18.

74:36:08:70. National emission standards for plywood and composite wood products. The national emission standards for plywood and composite wood products are those in 40 C.F.R. § 63, Subpart DDDD ( July 1, 2012 July 1, 2014 ).A

- 146

Sour ce: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:71. National emission standards for non

- gasoline organic liquids

distribution. The national emission standards for non

- gasoline organic liquids distribution are those in 40 C.F.R. § 63, Subpart EEEE ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:72. National emission standards for miscellaneous organic chemical manufacturing. The national e mission standards for miscellaneous organic chemical manufacturing are those in 40 C.F.R. § 63, Subpart FFFF ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.A

- 147

74:36:08:73. National emission standards for wet

- formed fiberglass mat production.
The national emission standards for wet

- formed fiberglass mat production are those in 40 C.F.R. § 63, Subpart HHHH ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:74. Natio nal emission standards for surface coating of automobiles and light duty trucks. The national emission standards for surface coating of automobiles and light duty trucks are those in 40 C.F.R. § 63, Subpart IIII ( July 1, 2012 July 1, 2014 ).

Source: 33 SD R 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:75. National emission standards for surface coating of metal cans. The national emission standards for surface coating of metal cans are those in 40 C.F.R. § 63, Subpart KKKK ( July 1, 2012 July 1, 2014 ).A

- 148

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 201 3. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:76. National emission standards for surface coating of large appliances. The national emission standards for surface coating of large appliances are those in 40 C.F.R. § 63, Subpart NNNN ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:77. National e mission standards for printing, coating, and dyeing of fabrics

and other textiles. The national emission standards for printing, coating, and dyeing of fabrics and other textiles are those in 40 C.F.R. § 63, Subpart OOOO ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.A

- 149

74:36:08:78. National emission standards for surface coating of pla stic parts and products. The national emission standards for surface coating of plastic parts and products are those in 40 C.F.R. § 63, Subpart PPPP ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:79. National emission standards for surface coating of wood building products. The national emission standards for surface coating of wood building products are those in 40 C.F.R. § 63, Subpart QQQQ ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:80. National emission standards for surface coating of metal coil. The national emission standards for surface coating of metal coil are those in 40 C.F.R. § 63, Subpart SSSS ( July 1, 2012 July 1, 2014 ).A

- 150

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:81. National e mission standards for leather finishing operations. The national emission standards for leather finishing operations are those in 40 C.F.R. § 63, Subpart TTTT ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:82. National emission standards for cellulose products manufacturing. The national emission standards for cellulose products manufacturing are those in 40 C.F.R. § 63, Subpart UUUU ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 212, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6.

Law Implemented: SDCL 34A

- 1

- 18.A

- 151

74:36:08:83. National emission standards for boat manufacturing. The national emission standards for boat manufacturing are those in 40 C.F.R. § 63, Subpart VVVV ( July 1,

2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:84. National emission standards for rubber tire manufacturing. Th e national emission standards for rubber tire manufacturing are those in 40 C.F.R. § 63, Subpart XXXX ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

Gen eral Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:85. National emission standards for lime manufacturing plants. The national emission standards for lime manufacturing plants are those in 40 C.F.R. § 63, Subpart AAAAA ( July 1, 2012 July 1, 2014 ).A

- 152

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:86. National emission standards for semi conductor manufacturing. The national emission standards for semiconductor manufacturing are those in 40 C.F.R. § 63, Subpart BBBBB ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:87. National emission standards for coke ovens

-- Pushing, quenching, and battery stacks. The national emission standards for coke ovens are those in 40 C.F.R. § 63, Subpart CCCCC ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.A

- 153

74:36:08:88. National emission standards for iron and steel foundries. The national emission standards for iron and steel foundries are those in 40 C.F.R. § 63, Subpart EEEEE ( July
1, 2012 July 1 , 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:89. National emission standards for site remedi ation. The national emission standards for site remediation are those in 40 C.F.R. § 63, Subpart GGGGG ( July 1, 2012 July 1,

2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

Ge neral Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:90. National emission standards for miscellaneous coating manufacturing. The national emission standards for miscellaneous coating manufacturing are those in 40 C.F.R. § 63, Subpar t HHHHH ( July 1, 2012 July 1, 2014 ).A

- 154

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:91. National emissi on standards for mercury cell chlor

- alkali plants. The national emission standards for mercury cell chlor

- alkali plants are those in 40 C.F.R. § 63, Subpart IIIII ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:92. National emission standards for clay ceramics manufacturing. The national emission standards for clay ceramics manufacturing are those in 40 C.F.R. § 63, Subpart KKKKK ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013

. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.A

- 155

74:36:08:93. National emission standards for flexible polyurethane foam production. The national emission standards for flexible polyurethane foam production are those in 40 C.F.R. § 6 3, Subpart III ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:94. National emission standards for hydrochloric acid production. The national emission standards for hydrochloric acid production are those in 40 C.F.R. § 63, Subpart NNNNN ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effect ive June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:95. National emission standards for friction materials manufacturing

facilities. The national emission standards for fric tion materials manufacturing facilities are those in 40 C.F.R. § 63, Subpart QQQQQ ( July 1, 2012 July 1, 2014 ).A

- 156

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDC L 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:96. National emission standards taconite iron ore processing. The national emission standards for taconite iron ore processing are those in 40 C.F.R. § 63, Subpart RRRRR ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:97. National emission standards for refractory products manufacturing. The national emission standards for refractory products manufacturing are those in 40 C.F.R. § 63, Subpart SSSSS ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 2 07, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.A

- 157

74:36:08:98. National emission standards for primary magnesium refining. The national emission standards for primary mag nesium refining are those in 40 C.F.R. § 63, Subpart TTTTT ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemen ted: SDCL 34A

- 1

- 18.

74:36:08:99. National emission standards for polyvinyl chloride and copolymers production area sources. The national emission standards for polyvinyl chloride and copolymers production area sources are those in 40 C.F.R. § 63, Subpar t DDDDDD ( July 1,

2012 July 1, 2014 ). A source that operates a unit subject to Subpart DDDDDD is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart DDDDDD. Exempted sources must still meet the applicable requirements in Subpart DDDDDD.

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority : SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.A

- 158

74:36:08:100. National emission standards for primary copper smelting area sources. The national emission standards for primary copper smelting area sources are those in 40 C.F.R. § 63, Subpart EEEEEE ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:101. National emission stand ards for secondary copper smelting area

sources. The national emission standards for secondary copper smelting area sources are those in 40 C.F.R. § 63, Subpart FFFFFF ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:102. National emission standards for primary nonferrous metals ar ea

sources -- Zinc, cadmium, and beryllium. The national emission standards for primary nonferrous metals area sources are those in 40 C.F.R. § 63, Subpart GGGGGG ( July 1, 2012 July 1, 2014 ).A

- 159

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:103. National emission standards for hospital ethylene oxide sterilizers. The national emission standards for hospital e thylene oxide sterilizers are those in 40 C.F.R. § 63, Subpart WWWWW ( July 1, 2012 July 1, 2014 ). A source that operates a unit subject to Subpart WWWWW is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obt ain a Part 70 operating permit for a reason other than the source is subject to Subpart WWWWW. Exempted sources must still meet the applicable requirements in Subpart

WWWWW.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013

. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:104. National emission standards for electric arc furnace steelmaking facility area sources. The national emission standards for area sources

-- electric arc furnace steelmaking facilities are those in 40 C.F.R. § 63, Subpart YYYYY ( July 1, 2012 July 1, 2014 ).

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

Ge neral Authority: SDCL 34A

- 1

- 6.A

- 160

Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:105. National emission standards for iron and steel foundry area sources. The national emission standards for iron and steel foundry area sources are those in 40 C.F.R.
§ 63, Subpa rt ZZZZZ ( July 1, 2012 July 1, 2014 ). A source that operates a unit subject to Subpart ZZZZZ is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart ZZZZZ. Exempted sources must still meet the applicable requirements in Subpart

ZZZZZ.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:106. National emission standards for gasoline distribution bulk terminals, bulk plants, and pipeline facilities. The national emission standards for gasoline distribution bulk terminals, bulk plants, and pipeline facilities are those in 40 C.F.R. § 63, Subpart BBBBBB ( July 1, 2012 July 1, 2014 ). A source that operates a unit subject to Subpart BBBBBB is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart BBBBBB. Exempted sources must still meet the applicable requirements in Subpart BBBBBB.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.A

- 161

General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:107. National emission standards for gasoline dispensing facilities. The national emission standards for gasoline dispensing facilities are those in 40 C.F.R. § 63, Subpart CCCCCC ( July 1, 2012 July 1, 2014 ) . A source that operates a unit subject to Subpart CCCCCC is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart

CCCCCC. Exempted sources must still meet the applicable requirements in Subpart CCCCCC.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:108. Nationa l emission standards for paint stripping and miscellaneous surface coating area sources. The national emission standards for paint stripping and miscellaneous coating area sources are those in 40 C.F.R. § 63, Subpart HHHHHH ( July 1, 2012 July 1, 2014 ). A s ource that operates a unit subject to Subpart HHHHHH is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart HHHHHH. Exem pted sources must still meet the applicable requirements in Subpart HHHHHH.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.A

- 162

General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:109. National emission standards for acrylic and modacrylic fiber production area sources. The national emission standards for acrylic and modacrylic fiber production area sources are those in 40 C.F.R. § 63, Subpart LLLLLL ( July 1, 2012 July 1,

2014 ). A source that op erates a unit subject to Subpart LLLLLL is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart LLLLLL. Exempted sources must still meet the applicable requirements in Subpart LLLLLL.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:110. National emission standar ds for carbon black production area sources. The national emission standards for carbon black production area sources are those in 40 C.F.R.
§ 63, Subpart MMMMMM ( July 1, 2012 July 1, 2014 ).

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effect ive June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.A

- 163

74:36:08:111. National emission standards for chemical manufacturing area sources

-- Chromium compounds. The national emission standards for chemical manufacturing are a

sources -- chromium compounds are those in 40 C.F.R. § 63, Subpart NNNNNN ( July 1, 2012 July 1, 2014 ). A source that operates a unit subject to Subpart NNNNNN is exempt from the obligation to obtain a Part 70 operating permit if the source is not require d to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart NNNNNN. Exempted sources must still meet the applicable requirements in Subpart NNNNNN.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective Jun e 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:112. National emission standards for flexible polyurethane foam production

and fabrication area sources. The national emission standards for flexible polyurethane fo am production and fabrication area sources are those in 40 C.F.R. § 63, Subpart OOOOOO ( July 1,

2012 July 1, 2014 ). A source that operates a unit subject to Subpart OOOOOO is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart OOOOOO. Exempted sources must still meet the applicable requirements in Subpart OOOOOO.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.A

- 164

74:36:08:113. National emission standards for lead acid battery manufacturing area

sources. The national emissi on standards for lead acid battery manufacturing area sources are those in 40 C.F.R. § 63, Subpart PPPPPP ( July 1, 2012 July 1, 2014 ). A source that operates a unit subject to Subpart PPPPPP is exempt from the obligation to obtain a Part 70 operating permi t if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart PPPPPP. Exempted sources must still meet the applicable requirements in Subpart PPPPPP.

Source: 36 SDR 207, effective June 28, 2 010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:114. National emission standards for wood preserving area sources. The national emission standards for wood preserving area sources are those in 40 C.F.R. § 63, Subpart QQQQQQ ( July 1, 2012 July 1, 2014 ). A source that operates a unit subject to Subpart QQQQQQ is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating per mit for a reason other than the source is subject to Subpart QQQQQQ. Exempted sources must still meet the applicable requirements in Subpart QQQQQQ.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDC L 34A

- 1

- 6.A

- 165

Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:115. National emission standards for clay ceramic manufacturing area

sources. The national emission standards for clay ceramic manufacturing area sources are those in 40 C.F.R. § 63, Subpart RRRRRR ( J uly 1, 2012 July 1, 2014 ). A source that operates a unit subject to Subpart RRRRRR is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason other than the source

is s ubject to Subpart RRRRRR. Exempted sources must still meet the applicable requirements in Subpart RRRRRR.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:116. National emission standards for glass manufacturing area sources. The national emission standards for glass manufacturing area sources are those in 40 C.F.R. § 63, Subpart SSSSSS ( July 1, 2012 July 1, 2014 ).

Source: 36 SDR 207, effectiv e June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.A

- 166

74:36:08:117. National emission standards for secondary nonferrous metal processing area sources. The national emission standards for secondary nonferrous metal processing area sources are those in 40 C.F.R. § 63, Subpart TTTTTT ( July 1, 2012 July 1,

2014 ). A source that operates a unit subject to Subpart TTTTTT is exempt from the obligation to

obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart TTTTTT. Exempted sources must still meet the applicable requirements in Subpart TTTTTT.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:118. National emission standards for plating and polishing area sources.
The national emission standards for plating and polishing area sources are those in 40 C.F.R. § 63, Subpart WWWWWW ( July 1, 2012 July 1, 2014 ). A source that operates a unit subject to Subpart WWWWWW is exempt from the obligation to obtain a Part 70 operating permit if the source is not requ ired to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart WWWWWW. Exempted sources must still meet the applicable requirements in Subpart WWWWWW.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.A

- 167

74:36:08:119. National emission standards for nine metal fabrication and finishing

area sources. The national emission standards for nine fabrication and finishing area so urces are those in 40 C.F.R. § 63, Subpart XXXXXX ( July 1, 2012 July 1, 2014 ). A source that operates a unit subject to Subpart XXXXXX is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart XXXXXX. Exempted sources must still meet the applicable requirements in Subpart XXXXXX.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General A uthority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:120. National emission standards for ferroalloys production area sources. The national emission standards for ferroalloys production area sources are those in 40 C.F.R. § 63, Subpart YYYY YY ( July 1, 2012 July 1, 2014 ). A source that operates a unit subject to Subpart YYYYYY is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart YYYYYY. Exempted sources must still meet the applicable requirements in Subpart YYYYYY.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6.A

- 168

Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:121. National emission standards for aluminum, copper, and other nonferrous foundry area sources. The national emission standards for aluminum, copper, and other nonferrous foundry area sources are those in 40 C.F.R. § 63, Subpa rt ZZZZZZ ( July 1,

2012 July 1, 2014 ). A source that operates a unit subject to Subpart ZZZZZZ is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart ZZZZZZ. Exempted sources must still meet the applicable requirements in Subpart ZZZZZZ.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SD CL 34A

- 1

- 18.

74:36:08:122. National emission standards for coal

- and oil

- fired electric utility steam generating units. The national emission standards for coal

- and oil

- fired electric utility steam generating units are those in 40 C.F.R. § 63, Subpart UUUUU ( July 1, 2012 July 1, 2014 ).

Source: 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.A

- 169

74:36:08:123. National emission standards for industrial, commercial, and

institutional boilers area sou rces. The national emission standards for industrial, commercial, and institutional boilers area sources are those in 40 C.F.R. § 63, Subpart JJJJJJ ( July 1, 2012 July 1, 2014 ). A source that operates a unit subject to Subpart JJJJJJ is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart JJJJJJ. Exempted sources must still meet the applicable requirements in Subpart JJJJ JJ.

Source: 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:124. National emission standards for chemical manufacturing area sources.

The national emission standards for chemical manufac turing area sources are those in 40 C.F.R.
§ 63, Subpart VVVVVV ( July 1, 2012 July 1, 2014 ). A source that operates a unit subject to Subpart VVVVVV is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart VVVVVV. Exempted sources must still meet the applicable requirements in Subpart VVVVVV.

Source: 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6.

La w Implemented: SDCL 34A

- 1

- 18.A

- 170

74:36:08:125. National emission standards for asphalt processing and asphalt roofing manufacturing area sources. The national emission standards for asphalt processing and asphalt roofing manufacturing area sources are those in 40 C.F.R. § 63, Subpart AAAAAAA ( July 1, 2012 July 1, 2014 ). A source that operates a unit subject to Subpart AAAAAAA is exempt from the obl igation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart AAAAAAA. Exempted sources must still meet the applicable requirements in Subpart

AAAAAA A.

Source: 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:126. National emission standards for chemical preparations industry area

sources. The national emission standards for chemical preparations industry area sources are
those in 40 C.F.R. § 63, Subpart BBBBBBB ( July 1, 2012 July 1, 2014 ). A source that operates a unit subject to Subpart BBBBBBB is exempt from the obligation to obtain a Part 70 operating permit if the source is not re quired to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart BBBBBBB. Exempted sources must still meet the applicable requirements in Subpart BBBBBBB.

Source: 39 SDR 219, effective June 25, 2013.A

- 171

General Authority : SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:127. National emission standards for paints and allied products manufacturing area sources. The national emission standards for paints and allied products manufacturing area sources are those in 40 C.F.R. § 63, Subpart CCCCCCC ( July 1, 2012 July 1, 2014 ). A source that operates a unit subject to Subpart CCCCCCC is exempt from the obligation to o btain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart CCCCCCC. Exempted sources must still meet the applicable requirements in Subpart CCCCCCC.

Source: 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:128. National emission standards for prepared feeds manufacturing area

sources. The national emission standards for prepared feeds manufact uring area sources are
those in 40 C.F.R. § 63, Subpart DDDDDDD ( July 1, 2012 July 1, 2014 ). A source that operates a unit subject to Subpart DDDDDDD is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart DDDDDDD. Exempted sources must still meet the applicable requirements in Subpart DDDDDDD.A

- 172

Source: 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

74:36:08:129. National emission standards for gold mine ore processing and production area sources. The national emission standards for gold mine ore processing and production area sources are those in 40 C.F.R. § 63, Subpart EEEEEEE ( July 1, 2012 July 1,

2014 ).

Source: 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implem ented: SDCL 34A

- 1

- 18.

74:36:08:130. National emission standards for polyvinyl chloride and copolymers production. The national emission standards for polyvinyl chloride and copolymers production
are those in 40 C.F.R. § 63, Subpart HHHHHHH ( July 1, 2012 July 1, 2014 ).

Source: 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.

CHAPTER 74:36:09A

- 173 PREVENTION OF SIGNIFICANT DETERIORATION

Section

74:36:09:01 Applicability.

74:36:09:01.01 Prevention of significant deterioration permit required.

74:36:09:02 Prevention of significant deterioration.

74:36:09:03 Public participation.

74:36:09:02. Prevention of significant deterioration. For the purposes of this chapter, the state's definitions and requirements for the prevention of significant deterioration are those in 40 C.F.R. § 52.21 ( July 1, 2012 July 1, 2014 ), except for 40 C.F.R. § 52.21(a)(1), (a)(2)(iv)(e), (b)(2)(iii)(h), (b)(3)(iii)(b), (b)(32), (b)(42), (b)(49)(v), (b)(55), (b)(56), (b)(57), (b)(58), (f), (k)(2), (q), (s), (t), (u), (x), (y), (z), and (cc) ( July 1, 2012 July 1, 2014 ) with the following differences:

(1) For the purposes of this section, all terms defined in this section have the meaning defined in
40 C.F.R. § 52.21, except for the term "administrator" which means the secretary with the following exceptions:

(a) In 40 C.F.R. §§ 52.21( b)(3)(iii) and 52.21(b)(37)(iii), the term "administrator" means either the secretary or the administrator of EPA, as applicable;

(b) In 40 C.F.R. §§ 52.21(w)(2) to 52.21(w)(4), inclusive, the term "administrator" means either the secretary or the admin istrator of EPA, as applicable;A

- 174 (c) In 40 C.F.R. §§ 52.21(b)(17); 52.21(b)(37)(i); 52.21(b)(43); 52.21(b)(48)(ii)(c); 52.21(b)(50)(i); 52.21(g)(1) to 52.21(g)(6), inclusive; 52.21(l)(2); and 52.21(p)(2) the term

"administrator" means the administrator o f EPA;

(2) For the purposes of this section, the term "Act" means the Clean Air Act;

(3) For the purposes of this section, in 40 C.F.R. § 52.21(c), the Class I areas in South Dakota are
Wind Cave National Park and the Badlands National Park;

(4) For the purposes of this section, 40 C.F.R. § 52.21(b)(2)(iii)(a) is incorporated by reference excluding the second sentence which states, "Routine maintenance, repair and replacement shall include, but not be limited to, any activity(s) that meets the require ments of the equipment replacement provisions contained in paragraph (cc) of this section";

(5) For the purposes of this section, 40 C.F.R. § 52.21(v)(1) is incorporated by reference excluding the phrase, "under 40 CFR 124.10"; and

(6) For the purposes of this section, 40 C.F.R. § 52.21(w)(1) is incorporated by reference excluding the phrase, "expires under paragraph (s) of this section or".

(7) For the purposes of this section, 40 C.F.R. § 52.21(b)(49)(i) is incorporated by reference excluding the ph rase, “through (v)”.

(8) For the purposes of this section, 40 C.F.R. § 52.21(b)(49)(ii), the term “ (b)(49)(iii) through (v)” means “(b)(49)(iii) through (iv)”.

(9) For the purposes of this section, 40 C.F.R. § 52.21(b)(49)(iii) is incorporated by reference excluding the phrase, “through (v)”.A

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(10) For the purposes of this section, 40 C.F.R. § 52.21(b)(49)(iv)(b), the term “also will have an emissions increase of a regulated NSR pollutant” means “also will have a major modification of a regulated NSR pollutant that is not GHGs”.

The secretary shall transmit to the administrator of the EPA a copy of each permit application subject to this section and shall notify the administrator of the EPA of each significant action the secretary takes on the ap plication.

If EPA stays or withdraws the regulation of greenhouse gases as identified in 40 C.F.R.
§ 52.21(w)(1) (July 1, 2012), or a court issues an order vacating or otherwise invalidating EPA's regulation of greenhouse gases for any reason, the regulat ion of greenhouse gases by Article 74:36 are void as of the date of such administrative or judicial action and shall have no further force and effect.

74:36:09:03. Public participation. For the purposes of this chapter, the state's public participation procedures are those in 40 C.F.R. § 51.166(q) ( July 1, 2012 July 1, 2014 ), excluding the phrase "The plan shall provide that..." with the following differences:

(1) For the purposes of this section, in 40 C.F.R. § 52.166(q) the phrase "reviewing authority" means the secretary;

(2) For the purposes of this section, in 40 C.F.R. § 51.166(q)(1) the phrase "specified time period" means 60 days;

(3) For the purposes of this section, in 40 C.F.R. § 51.166(q)(2)(iv), the term
"administrator" means the administrator of EPA;A

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(4) For the purposes of this section, in 40 C.F.R. § 51.166(q)(2)(iii), the phrase "Notify the public" shall consist of a public notice once in a legal newspaper in t he county where the proposed source would be constructed. The public notice shall include a statement that a person may submit comments or contest the draft permit within 30 days after the publication of the notice. The statement shall also describe the pr ocedures a person must follow to contest the draft permit and request a hearing in accordance with article 74:09;

(5) For the purposes of this section, in 40 C.F.R. § 51.166(q)(2)(v), a public hearing is required if a person contests the draft permit or contests the secretary's final determination and requests a hearing in accordance with article 74:09; and

(6) For the purposes of this section, in 40 C.F.R. § 51.166(q)(2)(viii), if a request for a contested case hearing is not submitted during the pub lic notice period, the secretary shall make a final determination within 30 days of the end of the public comment period on the draft permit. The secretary shall notify, in writing, the applicant and each person that submitted written comments or requested notice of the final determination. The notice shall include reference to the procedures for contesting the final determination and requesting a hearing in accordance with article 74:09 within 30 days of receiving the secretary's final determination. If no person comments on a draft permit, requests changes, or contests the draft permit during the public notice period, the draft permit automatically becomes the secretary's final determination and is issued at the end of the public notice period.A

- 177

Source: 3 3 SDR 43, effective September 18, 2006; 36 SDR 207, effective June 28, 2010;
39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6, 34A

- 1

- 18. Law Implemented: SDCL 34A

- 1

- 18.

CHAPTER 74:36:10

NEW SOURCE REVIEW

Section

74:36:10:01 Applicability.

74:36:10:02 Definitions.

74:36:10:03 Repealed.

74:36:10:03.01 New source review preconstruction permit required.

74:36:10:04 Repealed.

74:36:10:05 New source review preconstruction permit.

74:36:10:06 Causing or contributing to a violation of any national ambient air quality standard.

74:36:10:07 Determining credit for emission offsets.

74:36:10:08 Projected actual emissions.

74:36:10:09 and 74:36:10:10 Repealed.A

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74:36:10:02. Definitions. For the pur poses of this chapter, the definitions for new source
review are those in 40 C.F.R. § 51.165(a)(1) , except for the second sentence of 40 C.F.R. § 51.165(a)(1)(v)(C)(1), and 40 C.F.R. § 51.165(a)(1)(v)(G), (a)(1)(vi)(C)(3), (a)(1)(xliii), (a)(1)(xliv), (a)( 1)(xlv), and (a)(1)(xlvi) ( July 1, 2012 July 1, 2014 ).

For the purposes of this chapter, the term, Act, means the Clean Air Act.

For the purposes of this section, the term, reviewing authority, means the secretary.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 36 SDR 207,
effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 6.

74:36:10:03.01. New source review preconstruction permit required. New major stationary sources or major modifications to existing major sources must obtain a preconstruction permit before beginning actual constr uction if they are located in the following areas:

(1) An attainment or unclassified area if the source would cause or contribute to a violation of any national ambient air quality standard; orA

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(2) An area designated nonattainment for any national am bient air quality standard if the source is major for the pollutant for which the area is designated nonattainment.

Except as provided by a plant

- wide applicability limit, a proposed project is considered a major modification to an existing major source if the proposed project meets the criteria in 40
C.F.R. § 51.165(a)(2)(ii)(A) to (F), inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005;
36 SDR 207, effective June 28, 2010; 39 S DR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6, 34A

- 1

- 21. Law Implemented: SDCL 34A

- 1

- 6, 34A

- 1

- 21.

Note: The procedural requirements for obtaining a preconstruction permit under the new source review program are similar to the procedu ral requirements for a Part 70 source, such as a timely and complete application, completeness review, statement of basis, public participation, and departmental recommendation, as outlined in §§ 74:36:05:08 to 74:36:05:20.01, inclusive.

74:36:10:05. Ne w source review preconstruction permit. A new source review preconstruction permit must satisfy the following criteria before beginning actual construction:

(1) All requirements for new source performance standards in chapter 74:36:07 that apply

to the facility;A

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(2) Compliance with the lowest achievable emission rate (LAER);

(3) Certification of compliance that all other major sources, major modifications, or reconstructed facilities that are owned, operated, or controlled by the applicant either i n whole or in part elsewhere in the state are in compliance with all applicable emission limitations and
standards; and

(4) The total tonnage of increased emissions, in tons per year, resulting from a major

modification that must be offset shall be dete rmined by summing the difference between the

allowable emissions after the modification and the actual emissions before the modification for
each emissions unit. Emissions offsets are determined in accordance with § 74:36:10:07.

The owner or operator may apply for a plant

- wide applicability limit. The procedures for a plant

- wide allowable limit are those in 40 C.F.R. § 51.165(f)(1) to (f)(15), inclusive, ( July 1,

2012 July 1, 2014 ).

Approval to construct does not relieve an owner or operator of the resp onsibility to comply fully with applicable provisions of this article or the Clean Air Act and any other requirements
under local, state, or federal law.

Submission of preconstruction monitored or projected ambient air quality data, or both, from the pro posed source must accompany the permit application. In addition, air qualityA

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dispersion modeling and meteorological data for the prescribed area may be required by the department. Costs of these requirements must be absorbed by the proposed source.

Sourc e: 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:16, effective July 1, 1981; 8 SDR 71, effective December 21, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 16 SDR 88, effective November 14, 1989 ; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:16, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June
25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 6, 34A

- 1

- 22.

74:36:10:06. Causing or contributing to a violation of any national ambient air quality standard. This section applies to any major stationary source or major modification to an existing major source that is located in an attainment or unclassifiable area that may cause or contribute to violation of a national ambient air quality standard. A major sta tionary source or major modification to an existing major source is considered to cause or contribute to a violation of a national ambient air quality standard if the source or modification would, at a minimum, exceed the following significance levels at a ny locality that does not or would not meet the applicable national standard:

POLLUTANT AND SIGNIFICANT LEVELSA

- 182 Averaging time (hours)

Annual 24 8 3 1

(1) SO2: 1.0 ug/m3 5 ug/m3

- 25 ug/m3

- (2) PM10: 1.0 ug/m3 5 ug/m3

- - - (3) PM2.5 0.3 ug/m3 1.2 ug/m3

- - - (4) (3) NO2: 1.0 ug/m3

- - - - (5) (4) CO

- - 0.5 mg/m3

- 2 mg/m3

The owner or operator of a new major stationary source or major modification to an existing major source may reduce the impact of its emissions on air quality by obtaining emission offsets to compensate for its adverse ambient impact where the new major source or major modification to an existing major source would otherwise cause or contribute to a violation of the national ambient air quality standard. The proced ures for determining credit for
emission offsets are those in § 74:36:10:07.

Source: 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:16:02, 19 SDR 157, effective April 22, 1993; 30 SDR 26, effective September 1, 2003; 39 SDR 219, effectiv e June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 6.A

- 183

74:36:10:07. Determining credit for emission offsets. The baseline for determining credit for emission offsets is the emission limit in effect at the time the application to construct is filed, except that the offset baseline is the actual emission of the unit from which offset credit is

obtained if the demo nstration of reasonable further progress and attainment of ambient air quality standards is based upon the actual emission of sources located within a designated nonattainment area; or if there is no applicable emission limit.

In determining credit for e mission offsets the following criteria shall be met:

(1) All offsets must be for the same regulated NSR pollutant, result in a net positive air quality benefit in the affected area, and be approved by the department before issuance of the permit, even though they need not be in effect until the source commences operation. The offset

ratio of total actual emissions reductions to the emissions increase shall be at least 1 to 1 unless an alternative ratio is provided in accordance with the offset requireme nts in 40 C.F.R.
§ 51.165(a)(9)(ii) through 51.165(a)(9)(iv) ( July 1, 2012 July 1, 2014 );

(2) External offsets or those emission limitations from sources not owned, operated, or controlled by an applicant for a permit shall be made through a revision of the permit conditions of the participating source or sources. At no time may the baseline be exceeded;

(3) The permissible location of offsetting emissions shall be conducted in accordance with 40 C.F.R., Part 51, Appendix S, section IV.D ( July 1, 2012 July 1, 2014 );A

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(4) For an existing fuel combustion unit, credit shall be based on the emission limit for the type of fuel being burned at the time the application to construct is filed. If the existing source agrees to switch to a cleaner fuel at some future date, emission offset credits based on the allowable or actual emissions for the fuels involved may be allowed only if permit conditions specify an alternative control measure that would achieve the same degree of emission reduction

if the source sw itched back to the dirtier fuel at some later date;

(5) Emission reductions achieved by shutting down an existing unit or curtailing production or operating hours below baseline levels may be credited if the reductions are permanent, quantifiable, feder ally enforceable, and the area has a federally

- approved attainment plan. In addition, the shutdown or curtailed production must occur after August 7, 1977, or less than one year before the date of submitting the permit application, whichever is earlier. Em ission reductions may be credited in the absence of a federally

- approved attainment plan if the shutdown or curtailment occurred on or after the date the application is filed for a new unit or if the applicant can establish that the proposed new unit is a replacement for the shutdown or curtailed unit, and the shutdown or curtailment occurred after August 7, 1977, or less than one year before the date of submitting the permit application, whichever is earlier;

(6) Except as set forth in 40 C.F.R. § 51.16 5(a)(3)(ii)(D) ( July 1, 2012 July 1, 2014 ), emission offset credit may not be allowed for replacing one hydrocarbon compound with another of lesser reactivity;A

- 185

(7) Credit for emissions reduction may be claimed to the extent that the department has

not r elied on it in issuing a permit or in its demonstration of attainment or reasonable further

progress;

(8) If the emissions limit allows greater emissions than the potential to emit of the unit, the emission offset credit is allowed only for the control below the potential to emit of the unit; and

(9) All emission reductions claimed as offset credit must be federally enforceable.

Source: 7 SDR 4, effective July 27, 1980; transferred from §§ 44:10:01:15 and 44:10:01:17, effective July 1, 1981; 8 SDR 7 1, effective December 21, 1981; 12 SDR 183, effective May 21, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from §§ 74:26:01:15, 74:26:01:16.01, and 74:26:01:17, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 36 SDR 207, effective June 28,
2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6, 34A

- 1

- 21. Law Implemented: SD CL 34A

- 1

- 21, 34A

- 1

- 22.

74:36:10:08. Projected actual emissions. Any owner or operator who proposes a project for existing emissions units at a major stationary source that is not considered a major modification based on projected actual emissions but ma y result in a significant emission increase shall comply with the requirements in 40 C.F.R. § 51.165(a)(6)(i) to (vi), inclusive,A

- 186

( July 1, 2012 July 1, 2014 ). This section does not apply to a source with a plant

- wide applicability limit.

The owner or operator shall make the information required to be documented in 40 C.F.R.
§ 51.165(a)(6)(i) to (vi), inclusive, ( July 1, 2012 July 1, 2014 ) available for review upon a request for inspection by the secretary or the general public pursuant to the requireme nts contained in 40 C.F.R. § 70.4(b)(3)(viii) ( July 1, 2012 July 1, 2014 ).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005;
36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority : SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 6.

CHAPTER 74:36:11

PERFORMANCE TESTING

Section

74:36:11:01 Stack performance testing or other testing methods.

74:36:11:02 Secretary may require performance tests.

74:36:11:03 Notice to department of pe rformance test.A

- 187

74:36:11:04 Testing new fuels or raw materials.

74:36:11:01. Stack performance testing or other testing methods. All stack performance tests or other test methods must be made in accordance with the applicable method specified in 40 C. F.R. § 60.17; Part 60, Appendix A; § 63.14; Part 63, Appendix A; and Part 51, Appendix M (all July 1, 2012 July 1, 2014 ).

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from
§ 34:10:05:01, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:05:01, effective July 1, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987;
14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from §§ 74:26:05:01, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28,
2010; 39 SDR 219, effective June 25, 2013. General Authority : SDCL 34A

- 1

- 6, 34A

- 1

- 12. Law Implemented: SDCL 34A

- 1

- 12.

CHAPTER 74:36:12

CONTROL OF VISIBLE EMISSIONSA

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Section

74:36:12:01 Restrictions on visible emissions.

74:36:12:02 Exceptions to restrictions.

74:36:12:03 Exceptions granted to alfalfa palleti zes or dehydrators.

74:36:12:01. Restrictions on visible emissions. The owner or operator of a source may not discharge into the ambient air from a single unit of emissions an air pollutant of a density equal to or greater than that designated as 20 per cent opacity, as established by the Environmental Protection Agency's Method 9 in 40 C.F.R. Part 60, Appendix A ( July 1, 2012 July 1, 2014 ).

Source: SL 1975, ch 16, § 1; transferred from § 34:10:03:01, 7 SDR 4, effective July 27,
1980; transferred from § 44:10:03:01, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:03:01, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective Apr il 4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR
209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June
25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 6.A

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74:36:12:03. Exceptions granted to alfalfa palletizes or dehydrators. The owner or operator of a facility that pelletizes or dehydrates alfalfa, or that does both, may discharge into the ambient air an air pollutant of a density no greater than 30 percent opacity, as established by the Environmental Protection Agency's Meth od 9 in 40 C.F.R. Part 60, Appendix A ( July 1,

2012 July 1, 2014 ).

Source: 8 SDR 133, effective April 18, 1982; 11 SDR 151, effective May 12, 1985; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred
from § 74: 26:03:05, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR
207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 6.

CHAPTER 74:36:13

CONTINUOUS EMISSION MONITORING SYSTEMS

Section

74:36:13:01 Secretary may require continuous emission monitoring systems (CEMS).A

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74:36:13:02 Minimum performance specifications for all con tinuous emission monitoring

systems.
74:36:13:03 Reporting requirements.

74:36:13:04 Notice to department of exceedance.

74:36:13:05 Compliance determined by data from continuous emission monitor.

74:36:13:06 Compliance certification.

74:36:13:07 Credible evidence.

74:36:13:08 Compliance assurance monitoring.

74:36:13:02. Minimum performance specifications for all continuous emission monitoring systems. Minimum performance specifications for all continuous emission monitoring systems are those contained in 40 C.F.R. Part 60, Appendix B and 40 C.F.R. § 60.13 ( July 1, 2012 July 1, 2014 ).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209,
effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 2 5,

2013. General Authority: SDCL 34A

- 1

- 6, 34A

- 1

- 12. Law Implemented: SDCL 34A

- 1

- 12.A

- 191

74:36:13:03. Reporting requirements. Owners or operators of those sources required to install continuous emission monitoring systems shall observe the reporting requir ements contained in 40 C.F.R. § 60.7 ( July 1, 2012 July 1, 2014 ). All records must be made available to the department on request.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 26
SDR 168, effective June 27, 2000; 3 1 SDR 101, effective January 2, 2005; 32 SDR 209,
effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25,

2013. General Authority: SDCL 34A

- 1

- 6, 34A

- 1

- 12. Law Implemented: SDCL 34A

- 1

- 12.

74:36:13:04. Notice to depa rtment of exceedance. Any emissions that exceed the standards listed in 40 C.F.R. Part 60 ( July 1, 2012 July 1, 2014 ) or this article that are detected through continuous emission monitoring systems (CEMS) must be reported to the department

within the time constraints as determined by the secretary in the permit to operate.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209,

effective J une 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25,

2013. General Authority: SDCL 34A

- 1

- 6, 34A

- 1

- 12. Law Implemented: SDCL 34A

- 1

- 12.A

- 192

74:36:13:06. Compliance certification. Notwithstanding any other provision in any plan approved by the administrator, for the purpose of submission of compliance certifications an owner or operator may use monitoring as required under 40 C.F.R. § 70.6(a)(3) ( July 1, 2012 July 1, 2014 ) and inco rporated into a federally enforceable operating permit in addition to any specified compliance methods.

Source: 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective January 2, 2005;
32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219,
effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6, 34A

- 1

- 12. Law Implemented: SDCL 34A

- 1

- 12.

74:36:13:07. Credible evidence. Notwithstanding any other provision, any credible evidence may be used for the purpose of establi shing whether a person has violated or is in violation of a plan. Credible evidence is as follows:

(1) Information from the use of the following methods is presumptively credible evidence

of whether a violation has occurred at the source:

(a) A moni toring method approved for the source pursuant to 40 C.F.R. § 70.6(a)(3) ( July 1, 2012 July 1, 2014 ) and incorporated in a federally enforceable operating permit;A

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(b) Compliance methods specified in the applicable plan; and

(2) The following testing , monitoring, or information gathering methods are presumptively credible testing, monitoring, or information

- gathering methods;

(a) Any federally enforceable monitoring or testing methods, including those in 40 C.F.R. Parts 51, 60, 61, and 75 ( July 1, 2012 July 1, 2014 );

(b) Other testing, monitoring, or information

- gathering methods that produce information comparable to that produced by any method in subdivision (1) or (2)(a) of this

section.

Source: 21 SDR 119, effective January 5, 1995; 26 SD R 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207,
effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6, 34A

- 1

- 12. Law Implemented: SDCL 34A

- 1

- 12.

74:36:13:08. Compliance assurance monitoring. The owner or operator of a unit that is subject to 40 C.F.R. § 64.2 ( July 1, 2012 July 1, 2014 ), must comply with 40 C.F.R. §§ 64.1 and 64.3 to 64.10, inclusive, ( July 1, 2012 July 1, 2014 ).A

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Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207,
effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SD CL 34A

- 1

- 6, 34A

- 1

- 12. Law Implemented: SDCL 34A

- 1

- 12.

CHAPTER 74:36:16

ACID RAIN PROGRAM

Section

74:36:16:01 General provisions.

74:36:16:02 Allowance system.

74:36:16:03 Reserved.

74:36:16:04 Continuous emission monitoring.

74:36:16:05 Nitrogen oxides emission reduction.

74:36:16:01. General provisions. The following provisions are incorporated by
reference: 40 C.F.R. §§ 72.2 to 72.85, inclusive, ( July 1, 2012 July 1 , 2014 ) except for the following definitions in § 72.2: Environmental Appeals Board, EPA trial staff, ex parte communication, hearing clerk, presiding officer, and state operating permit program and exceptA

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for §§ 72.4, 72.5, 72.6(c), 72.10, 72.12, 72.13, 72.20, 72.23 to 72.25, inclusive, 72.60 to 72.71, inclusive, 72.73, and 72.74. For the purposes of this chapter, "administrator" means the secretary, except for those authorities which cannot be delegated to the state, in which case "administrator"

means the admi nistrator of the Environmental Protection Agency.

Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209,
effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25,

2013. General Authority: SDCL 34A

- 1

- 6, 34A

- 1

- 18. Law Implemented: SDCL 34A

- 1

- 18.

74:36:16:02. Allowance system. The allowance system for the acid rain program is that
in 40 C.F.R. §§ 73.1 to 73.53, inclusive, ( July 1, 2012 July 1 , 2014 ).

Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 26
SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209,
effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25,

2013. General Authority: SDCL 34A

- 1

- 6, 34A

- 1

- 18. Law Implemented: SDCL 34A

- 1

- 18.A

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74:36:16:04. Continuous emission monitoring. The continuous emission monitoring requirements for the acid rain program are those in 40 C.F.R. §§ 75.1 to 75.67, inclusive, ( July 1,

2012 July 1 , 2014 ) and Appendixes A to H, inclusive, to 40 C.F.R. Part 75 ( July 1, 2012 July 1 , 2014 ).

Sou rce: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 24, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209,
effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective Jun e 25,

2013. General Authority: SDCL 34A

- 1

- 6, 34A

- 1

- 18. Law Implemented: SDCL 34A

- 1

- 18.

74:36:16:05. Nitrogen oxides emission reduction. The nitrogen oxides emission reduction requirements for the acid rain program are those in 40 C.F.R. §§ 76.1 to 76. 16, inclusive, ( July 1, 2012 July 1 , 2014 ).

Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209,
effective June 13, 2006; 36 SDR 207, e ffective June 28, 2010; 39 SDR 219, effective June 25,

2013. General Authority: SDCL 34A

- 1

- 6, 34A

- 1

- 18. Law Implemented: SDCL 34A

- 1

- 18.A

- 197 CHAPTER 74:36:18

REGULATIONS FOR STATE FACILITIES IN THE RAPID CITY AREA

Section

74:36:18:01 Definitions.

74:36:18:02 Applicability.

74:36:18:03 Permit required.

74:36:18:04 Time period for permits and renewals.

74:36:18:05 Required contents of a complete application for a permit.

74:36:18:06 Contents of permit.

74:36:18:07 Permit expiration.

74:36:18:08 Renewal of permit.

74:36:18:09 Reasonably available control technology required.

74:36:18:10 Visible emissions limit for construction and continuous operation activities.

74:36:18:11 Exception to visible emission limit.

74:36:18:12 Notice of operatin g noncompliance

-- Contents.

74:36:18:10. Visible emission limit for construction and continuous operation

activities. The owner or operator of a state facility or state contractor may not discharge into the ambient air from a fugitive source an air poll utant of a density equal to or greater than that designated as 20 percent opacity for a series of two minute averages with a minimum of a total ofA

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six minutes of readings. The Environmental Protection Agency's Method 9 in 40 C.F.R. Part 60, Appendix A ( Jul y 1, 2012 July 1, 2014 ) shall be used to determine the opacity.

Source: 28 SDR 178, effective July 1, 2002; 36 SDR 207, effective June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 47, 34A

- 1

- 49.

CHAPTER 74:36:20

CONSTRUCTION PERMITS FOR NEW SOURCES OR MODIFICATIONS

Section

74:36:20:01 Applicability.

74:36:20:02 Construction permit required.

74:36:20:02.01 Initiating construction prior to permit issuance.

74:36:20:03 Construction permit exemption.

74:36:20:04 Emission unit exemptions.

74:36:20:05 Standard for issuance of construction permit.

74:36:20:05.01 Procedures for an insignificant increase in allowable emissions.

74:36:20:06 Timely and complete application for a construction permit required.

74:36:20:07 Required contents of complete application for a construction permit.A

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74:36:20:08 Applicant required to supplement or correct application.

74:36:20:09 Permit application

-- Completeness review.

74:36:20:10 Time period for department's recommendation.

74:36:20:11 Public participation in permitting process.

74:36:20:12 Public review of department's draft permit.

74:36:20:13 Final permit decision

-- Notice to interested persons.

74:36:20:14 Right to petit ion for contested case hearing.

74:36:20:15 Contents of construction permit.

74:36:20:16 Administrative permit amendment.

74:36:20:17 Procedures for administrative permit amendments.

74:36:20:18 Reopening construction permit for cause.

74:36:20:19 Pro cedures to reopen construction permit.

74:36:20:20 Construction permit does not exempt from other requirements.

74:36:20:21 Expiration of a construction permit.

74:36:20:22 Notice of constructing or operating noncompliance

-- Contents.

74:36:20:23 Peti tion for contested case or alleged violation.

74:36:20:24 Circumvention of emissions not allowed.

74:36:20:02. Construction permit required. A person may not construct, install, modify, or operate any source or unit likely to cause the emission of air pollutants into the ambient air or any equipment that prevents or controls the emission of air pollutants into the

ambient air until a construct ion permit has been issued by the board or the secretary, except as specified unless it meets the requirements in § 74:36:20:02.01.A

- 2 00

Source: 36 SDR 207, effective June 28, 2010; 37 SDR 182, effective April 20, 2011. General Authority: SDCL 34A

- 1

- 6, 34A

- 1

- 21. Law Implemented: SDCL 34A

- 1

- 21.

74:36:20:02.01. Initiating construction prior to permit issuance. The owner or operator of a new source or modification to an existing source may only i nstall concrete foundations,

below

- ground plumbing, ductwork, a ssociated infrastructure and excavation work , or any
combination of these activities initiate construction prior to issuance of the construction permit by the department if the owner or operator meets the following requirements:

(1) The owner or operato r has submitted a complete application for a construction permit application to the department in accordance with § 74:36:20:06 and received a completeness determination from the department in accordance with § 74:36:20:09;

(2) The owner or operator has submitted a notification to the department of its intentions to initiate construction prior to issuance of the construction permit five working days before initiating construction;

(3) The new source or modification to an existing source is not subject to chapter 74:36:09 or 74:36:10. The provisions in chapter 74:36:09 or 74:36:10 remain applicable until the new source or modification to an existing source legally obtains a construction permit with federally

enforceable conditions which limit the source s potential to emit below the applicable thresholds in chapter 74:36:09 or 74:36:10;A

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(4) The new source or modification to an existing source is not subject to
§ 74:36:08:03.01. The provisions in § 74:36:08:03.01 remain applicable until the new source o r modification to an existing source legally obtains a construction permit with federally enforceable conditions which limit the sources potential to emit below the applicable thresholds
in § 74:36:08:03.01;

(5) The owner or operator must assume any lia bility for construction conducted on a source before the permit is issued and in no case will the applicant be allowed to operate the equipment in any way that may emit any air pollutant prior to receiving a construction permit ;

(6) The owner or operato r must cease construction if the department's evaluation demonstrates the construction of the new source or modification to the existing source will interfere with the attainment or maintenance of a national ambient air quality standard or

increment
. ; and

(7) The owner or operator will be required to make any changes to the new source or modification of an existing source that may be imposed in the issued construction permit.

Source: 37 SDR 182, effective April 20, 2011. General Authority: SDCL 34A

- 1

- 6, 34A

- 1

- 21. Law Implemented: SDCL 34A

- 1

- 21.A

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74:36:20:05. Standard for issuance of construction permit. A construction permit for a new source or modification to an existing source may be issued only if it has been shown that the operation of the new source or modification to an existing source will not prevent or interfere with the attainment or maintenance of an applicable national ambient air quality standard. Compliance with this requirement as determined by air pollution dispersion mode ling shall be based on modeling performed in accordance with 40 C.F.R. Part 51, Appendix W ( July 1, 2012 July 1, 2014 ) and is not affected by stack height that exceeds good engineering practice or by any other dispersion technique as defined in 40 C.F.R. § 51.100 ( July 1, 2012 July 1, 2014 ). Each new source or modification to an existing source must comply with emission limits and other requirements of the act and the Clean Air Act. The construction permit must include reasonable conditions, including adher ence to plans and specifications, to ensure compliance with the act, the Clean Air Act, and any other conditions justified under SDCL 34A

- 1

- 19.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6, 34A

- 1

- 19, 34A

- 1

- 21. Law Implemented: SDCL 34A

- 1

- 21.

74:36:20:05.01. Procedures for an insignificant increase in allowable emissions. The department shall take the following final action on the proposed insignificant increase in

allowable emissions within 90 days after receipt of a complete application for an insignificant increase in allowable emissions:

(1) Issue the construction permit as proposed;A

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(2) Deny the application for a construction permit; or (3) Determine the application should be processed as a construction permit following the procedural requirements in §§ 74:36:20:06 to 74:26:20:10, inclusive.

The secretary shall issue the construction permit for an insignificant increase in allowable emissions without the procedural requirements applicable to obtaining a construction permit.

Source: General Authority: SDCL 34A

- 1

- 6, 34A

- 1

- 21. Law Implemented: SDCL 34A

- 1

- 21.

CHAPTER 74:36:21

REGIONAL HAZE PROGRAM

Section

74:36:21:01 Applicability.

74:36:21:02 Definitions.

74:36:21:03 Existing stationary facility defined.

74:36:21:04 Visibility impact analysis.

74:36:21:05 BART determination.A

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74:36:21:06 BART determination for a BART

- eligible coal

- fired power plant.

74:36:21:07 Installation of controls based on visibili ty impact analysis or BART

determination.

74:36:21:08 Operation and maintenance of controls.

74:36:21:09 Monitoring, recordkeeping, and reporting.

74:36:21:10 Permit to construct.

74:36:21:11 Permit required for BART determination.

74:36:21:12 Federal land manager notification and review.

74:36:21:02. Definitions. Unless otherwise specified, the terms used in this chapter mean:

(1) "Adverse impact on visibility," visibility impairment that interferes with the management, protection, preservation, or enjoyment of the visitor's visual experience of the mandatory Class I federal area. Adverse impact on visibility shall be based on a case

- by

- case basis taking into account the geographic extent, intensity, duration, frequency, and time of visibility impairment, and how these factors correlate with times of visitor use of a mandatory Class I federal area and the frequency and timing of natural conditions that reduce visibility;

(2) "BART," best available retrofit technology;

(3) "Best available retrofit technology" an emission limitation based on the degree of reduction achievable through the application of the best system of continuous emission reductionA

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for each pollutant that is emitted by an existing stationary facility. The emissio n limitation must
be established, on a case

- by

- case basis, taking into consideration the technology available, the costs of compliance, the energy and nonair quality environmental impacts of compliance, any pollution control equipment in use or in existenc e at the source, the remaining useful life of the source, and the degree of improvement in visibility that may reasonable be anticipated to result from the use of such technology;

(4) "BART

- eligible source," an existing stationary facility;

(5) "Coal

- fired power plant," any person, corporation, limited liability company, association, company, partnership, political subdivision, municipality, rural electric cooperative, consumers power district, or any group or combination acting as a unit, owning or h olding under lease, or otherwise real property used, or intended for use, for the conversion of coal into electric

power;

(6) "Contribute to adverse impact on visibility," a change in visibility impairment in a mandatory Class I federal area of five

- ten ths deciviews or more, based on a 24

- hour average, above the average natural visibility baseline. A source exceeds the threshold if the 98 th percentile (eighth highest value) of the modeling results, based on one year of the three years of meteorological d ata modeled, equals or exceeds five

- tenths deciviews;

(7) "Major source," as defined in § 74:36:01:08(2) and (3);A

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(8) "Mandatory Class I federal area," any area identified in 40 C.F.R. § 81, Subpart D ( July 1, 2012 July 1, 2014 );

(9) "Visibility impairment," any human perceptible change in visibility such as light extinction, visual range, contrast, coloration, from that which would have existed under natural
conditions;

(10) "30

- day rolling average," expressed as pounds per million Btus and po unds per hour and calculated in accordance with the following procedures:

(a) Sum the total pounds of pollutant in question emitted from a unit during an operating day and the previous 29 operating days;

(b) Sum the total heat input to the unit in million Btus during the operating day and the previous 29 operating days;

(c) Sum the total hours the unit operated in hours during the day and the previous 29 operating days;

(d) For pounds per million Btus, divide the total number of pounds of the pollutant emitted during the 30

- day operating days by the total heat input during the 30

- day operating days;A

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(e) For pounds per hour, divide the total number of pounds of the pollutant emitted during the 30

- day operating days by the total hours ope rated during the 30

- day operating days.

A new 30

- day rolling average shall be calculated for each new operating day. Each 30

- day rolling average shall represent all emissions, including emissions that occur during periods of startup, shut down, and malfu nction; and

(11) "Operating day," a 24

- hour period between 12 midnight and the following midnight during which any fuel is combusted at any time in the unit. It is not necessary for fuel to be

combusted the entire 24

- hour period.

Source: 37 SDR 111, e ffective December 7, 2010; 38 SDR 39, effective September 19,
2011; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 6.

74:36:21:04. Visibility impact analysis. The owner or operator of a new major sour ce or modification to a major source shall demonstrate to the department that the potential to emit from the new major source or modification to a major source will not contribute to adverse impact on visibility in any mandatory Class I federal area. The d emonstration shall be based on visibility models approved in 40 C.F.R. § 51, Subpart W ( July 1, 2012 July 1, 2014 ).

Source: 37 SDR 111, effective December 7, 2010; 39 SDR 219, effective June 25, 2013.A

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General Authority: SDCL 34A

- 1

- 6. Law Implemented: S DCL 34A

- 1

- 6.

74:36:21:05. BART determination. The owner or operator of a BART

- eligible source that emits any air pollutant which may reasonably be anticipated to contribute to adverse impact on visibility in any mandatory Class I federal area shall subm it a BART determination. The BART determination shall follow the procedures outlined in 40 C.F.R. § 51, Subpart Y ( July 1,

2012 July 1, 2014 ) and must be based on an analysis of the best system of continuous emission control technology available and associ ated emission reductions achievable for each BART

eligible source. In this analysis, the BART determination must take into consideration the technology available, the costs of compliance, the energy and nonair quality environmental impacts of compliance, a ny pollution control equipment in use at the source, the remaining useful life of the source, and the degree of improvement in visibility that may reasonably be anticipated to result from the use of such technology. The BART determination shall be

submitte d within nine months after being notified by the department that the existing stationary source is reasonably anticipated to contribute to adverse impact on visibility in any mandatory

Class I federal area.

Source: 37 SDR 111, effective December 7, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 6.A

- 209

74:36:21:09. Monitoring, recordkeeping, and reporting. The owner or operator required to install and operate controls established in a visibility impact analysis or BART determination shall conduct periodic monitoring, recordkeeping, and reporting. All sulfur dioxide and nitrogen oxides emissions from the BART

- eligible source shall be routed to the main

stack of a BART

- eligible source. The owner or operator of a BART

- eligible source shall install, certify, maintain, calibrate, and operate a continuous emission monitoring system for sulfur dioxide and nitrogen oxide in accordance with 40 C.F.R. Part 75 ( July 1, 20 12 July 1, 2014 ), except the recordkeeping and reporting requirements for the continuous emission monitoring systems shall be in accordance with 40 C.F.R. § 60.7 ( July 1, 2012 July 1, 2014 ). Monitoring and related recordkeeping and reporting requirements f or other air pollutants from a BART

eligible source or from a major source or modification of a major source shall consist of at least the following:

(1) All emissions monitoring and analysis procedures, alternative approved methods, or test methods req uired in determining compliance with §§ 74:36:21:04 and 74:36:21:06;

(2) As necessary, documentation of the use, maintenance, and if appropriate, installation of monitoring equipment or methods;

(3) Documentation of the following:

(a) The date, p lace, and time of sampling or measurements; (b) The date or dates analyses were performed;A

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(c) The company or entity that performed the analyses; (d) The analytical techniques or methods used; (e) The results of such analyses; and (f) The op erating conditions as existing at the time of sampling or measurement;

(4) Recordkeeping and reporting requirements that comply with the following:

(a) Submission of reports of any required monitoring must occur at least every six months. Reports mu st clearly identify all exceedances with §§ 74:36:21:04 and 74:36:21:06. All required reports must be certified by a responsible official; and

(b) Exceedances of §§ 74:36:21:04 and 74:36:21:06, including those attributable to upset conditions. The proba ble cause of such exceedance and any corrective actions or preventive measures taken must be promptly reported and certified by a responsible official; and

(5) Requirements for retention of monitoring records and all supporting documentation for

at leas t five years from the date of the monitoring sample, measurement, report, or application.

Source: 37 SDR 111, effective December 7, 2010; 38 SDR 39, effective September 19,
2011; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6.

Law Implemented: SDCL 34A

- 1

- 6.ARTICLE 74:36

– AIR POLLUTION CONTROL PROGRAM
NOTICE OF PUBLIC HEARING TO REVISE RULES

The Board of Minerals and Environment will hold a public hearing on August 20, 2015, at 9:15 a.m. Mountain Time at t he Mineral Palace Gem Theater room, 601 Historic Main Street, Deadwood, SD, to consider the adoption and amendment of administrative rules numbered:

a. C hapter 74:36:01 (e.g. revising sections 74:36:01:01, 74:36:01:05, 74:36:01:10 , and 74:36:01:20 ; and adding section 74:36: 01:10.01 ); b. C hapter 74:36:02 (e.g. revising sections 74:36:02:02 through 74:36:02:05);
c. C hapter 74:36:03 (e.g. revising entire section) ; d. C hapter 74:36:04 (e.g. revising sections 74:36:04:03, 74: 36:04:04 ; and adding section 74:36: 04:21.01 );
e. C hapter 74:36:05 (e.g. revising sections 74:36:05:04 , 74:36:05 : 04.01 , 7 4:36:05:06 , and , 74:36:05:16.01 ; and adding section 74:36:05:39.01 ) ; f. revising chapter 74:36:07 (e.g. revising sections 74:36:07:01 through 74:36:07:07.01, 74:36:07:09, 74:36 :07:10, 74:36:07:12 through 74:36:07:2 8 , 74:36:07:3 1 through 74:36:07:34, 74:36:07:36, 74:36:07:37, 74:36:07:39 through 74:36:07: 9 2 ; and adding section 74:36:07: 9 3 ) ; g. C hapter 74:36:08 (e.g. revising sections 74:36:08:01through 74:36:08:1 30 ); h. C hapter 74:36:09 (e.g. revising sections 74:36:09:02 and 74:36:09:03); i. C hapter 74:36:10 (e.g. revising sections 74:36:10:02, 74:36:10:03.01, and 74:36:10:05 through 74:36:10:08); j. C hapter 74:36:11 (e.g. revising section 74:36:11:01); k. C hapter 74:36:12 (e.g. revisin g sections 74:36:12:01 and 74:36: 12:03); l. C hapter 74:36:13 (e.g. revising sections 74:36:13:02 through 74:36:13:04, 74:36:13:06 through 74:36:13:08);
m. C hapter 74:36:16 (e.g. revising sections 74:36:16:01, 74:36:16:02, 74:36:16:04, and 74:36:16:05);
n. C hapter 74:36:18 (e.g. revising section 74:36 :18:10 );
o. C hapter 74:36:20 (e.g. revising sections 74:36:02, 74:36:02.01, 7 4:36:20:05, and 74:36:20:11 ; and adding section 74:36: 20.05.01 ); and p. C hapter 74:36:21 (e.g. revising sections 74:36:21:02, 74:36:21:04, 74:36:21:05, and 74:36:21:09). The effect of the proposed amendments will be to adopt revision s to federal regulations , clarify existing regulations, and streamline the existing air quality permitting process for specific types of operations . The reason for adopting the proposed amendments is to continue to have South Dakota ’s air pollution control program rules comply with the federal regulations and to allow South Dakota to maintain approval of its air quality program.

Persons interested in presenting data, opinions, and arguments for or against the proposed amendments may do so by appearing in person at the hearing or by submitting written comments to the South Dakota Department of Environment and Natural Resources at the mailing address that appears below. Material sent by mail must reach the department by the close of business on August 18 , 2015, to be considered.After the hearing, the board will consider all written and oral comments it receives on the

proposed amendments. The bo ard may modify or amend a proposed rule at that time to include or exclude matters that are described in this notice. Notice is further given to individuals with disabilities that this hearing is being held in a physically accessible place. Please notify the department at least 48 hours before the public hearing if you have special needs for which special arrangements must be made. The telephone number for making special arrangements is (605) 773

- 3151. Copies of the proposed rules may be obtained withou t charge from th e following:

Teresa Williams South Dakota Department of Environment and Natural Resources 523 East Capitol, Joe Foss Building Pierre, South Dakota 57501 (605) 773

- 3151

____________________________ _ Steven M Pirner, Secretary Department of Environment and Natural Resources

Published once at the total approximate cost of _____________.UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 8

Ref: 8P-AR

Mr. Brian Gustafson, Administrator Air Quality Division 1595 Wynkoop Street DENVER, CO 80202-1129 Phone 800-227-8917 http://www.epa.gov/region08



### AU6 1 8 20!

South Dakota Department of Environment and Natural Resources Joe Foss Building 523 E. Capitol Pierre, South Dakota 57501

Re: EPA Region 8 Comments on South Dakota's July 23, 2015 Amendments to the Air Pollution Control Program Rules

Dear Mr. Gustafson:

We have completed a preliminary review of South Dakota's amendments to the Air Pollution Control Program rules. The Department of Natural Resources: Board of Minerals and Environment (The Board) intends to amend the Air Pollution Control Program rules to adopt revisions to federal regulations, clarify existing regulations, and streamline the existing air quality permitting process for specific types of operations, as proposed on your state's website. These comments are in advance of the public hearing
on August 20, 2015. The proposed revisions by The Board which we are commenting on are:
Revisions to 74:36:09:02 (Prevention of Significant Deterioration)

The Board is proposing to revise 74:36:09:02 by adding the following paragraphs:
(7) For the purposes of this section, 40 C.F.R. § 52.21(b)(49)(i) is incorporated by reference excluding the phrase, "through (v)"; (8) For the purposes of this section, 40 C.F.R. § 52.2l(b)(49)(ii), the term "(b)(49)(iii) through (v)" means "(b )(49)(iii) through (iv)"; (9) For the purposes of this section, 40 C.F.R. § 52.2l(b)(49)(iii) is incorporated by reference excluding the phrase, "through (v)"; (10) For the purposes of this section, 40 C.F.R. § 52.21(b)(49)(iv)(b), the term "also will have an emissions increase of a regulated NSR pollutant" means "also will have a major modification of a regulated NSR pollutant that is not GHGs";

The Board is also proposing to revise 74:36:09:02 by removing the following paragraph:

"If EPA stays or withdraws the regulation of greenhouse gases as identified in 40 C.F.R. § 52.21(w)(l) (July 1, 2012), or a court issues an order vacating or otherwise invalidating EPA's regulation of greenhouse gases for any reason, the regulation of greenhouse gases by Article 74:36 are void as of the date of such administrative or judicial action and shall have no further force and effect."Revisions to 74:36:01:01(73) (Definition of Subject to Regulation)

The Board is proposing to revise 74:36:01 :01(73) by adding the following sentence to the end of the definition of "Subject to Regulation":

"Greenhouse gases are not subject to regulation unless a PSD preconstruction permit is issued regulating greenhouse gases in accordance with**chapter'74:36:09~''** We understand, through previous correspondence with South Dakota, that these proposed revisions are meant to reflect the following court decisions:

U.S. Supreme Court Decision in Utility Air Regulatory Group .v. EPA On June 23, 2014, the U.S. Supreme Court issued its decision in Utility Air Regulatory Group v. EPA, 134 S.Ct. 2427 (2014) ("UARG"); and The D.C. Circuit Court's amended judgment in Coalition for Responsible Regulation, Inc. v. Environmental Protection Agency, Nos. 09-1322, 10-073, 10-1092 and 10-1167 (D.C. Cir. April 10, 2015).

Our comments are as follows:

1. Although the proposed revisions to 74:36:09:02 and 74:36:01 :01 are meant to reflect rulings made by the U.S. Supreme Court and the D.C. Circuit Court, we cannot approve revisions to the South Dakota State Implementation Plan based off of court decisions. In August 2015, EPA will publish in the Federal Register a final rulemaking that removes several provisions of the PSD and title V permitting regulations that were originally promulgated as part of the 2010 Tailoring Rule and that were vacated by the D.C. Circuit in its April 10, 2015, Coalition/or Responsible Regulation v. EPA Amended Judgment. This final rule was signed on August 12, 2015 and can be viewed at the following web address: http://epa.gov/airquality/permits/actions.html.

Due to this very recent rulemaking, EPA staff was unable to review South Dakota's proposed revisions with respect to this EPA rulemaking. We suggest that the state ensure that it's proposed revisions meet the same permitting requirements as those finalized in EPA' s August 12, 2015 signed rule. However, over the next couple of weeks, we will continue our own separate review/analysis of the state's proposed revisions compared to this EPA rulemaking and will contact the state with any additional comments, if needed.

2. A second rule, which is expected to be proposed in the summer of 2016, would establish a significant emissions rate for GHGs and will revise certain GHG permitting regulatory provisions including the PSD GHG Plantwide Applicability Limits (PALs) and the Step 2 permitting requirements under the title V program. We issued guidance on these steps and how to proceed with Federal PSD and Title V rules, State Implementation Plans (SIPs) and TitleV Program revisions in a July 24, 2014 Memorandum titled: "Next Steps and Preliminary Views on the Application of Clean Air Act Permitting Programs to Greenhouse Gases Following the Supreme Court's Decision in Utility Air Regulatory Group v. Environmental Protection Agency." 2Once this second rulemaking is finalized by EPA, we will work with the state to revise its permitting requirements to meet the remaining revisions related to permitting GHGs.

We recommend that South Dakota not finalize any of its proposed permit revisions related to GHGs that do not meet the EPA's August 12, 2015 signed rule. We will be unable to approve any state permit provisions related to GHGs that do not meet the August 12, 2015 signed rule or EPA's future second GHG rulemaking.

We understand that you intend to consider and respond to all comments received on this public comment version before finalizing the SIP. Please note that we will only come to a final conclusion regarding the amendments to South Dakota's Air Pollution Control Program rules revisions when we take action on the SIP submittal through our own public notice-and-comment rulemaking.

Thank you for the opportunity to work with you and your staff during the review of this public comment version of your Air Pollution Control Program rules revisions. If you have any questions on EPA's comments, please contact me, or your staff may contact Kevin Leone at (303) 312-6227.

cc: Kyrik Rombough, South Dakota DENR 

# SiC:JJJ

Carl Daly, Director 

# U

Air Program

3Excerpt of the Minutes of the Board of Minerals and Environment Mineral Palace Hotel and Gaming - Gem Theater meeting room 604 Main Street Deadwood, SD August 20, 2015

CALL TO ORDER AND ROLL CALL: The mee ting was called to order by Chairman Rex Hagg in the lobby of the Mineral Palace Hotel. The roll was called and a quorum was present. BOARD MEMBERS PRESENT: Rex Hagg, Gl enn Blumhardt, Dennis Landguth, Doyle Karpen, Daryl Englund, and Bob Morris.
BOARD MEMBER ABSENT: Pete Bullene, Linda Hilde, and Gregg Greenfield.

OTHERS PRESENT: See attached attendance sheet.

PUBLIC HEARING TO CONSIDER AMENDM ENTS TO ARSD 74:36 – AIR POLLUTION CONTROL PROGRAM: Chairman Hagg ope ned the hearing at 9:15 a.m. MDT. The purpose of the hearing was to consider the adoption and amendment of administrative rules numbered: Chapter 74:36:01 - revise sections 74:36:01: 01, 74:36:01:05, 74:36:01:10 , and 74:36:01:20; and add section 74:36:01:10.01; Chapter 74:36:02 - revise sections 74:36:02:02 thr ough 74:36:02:05; Chapter 74:36:03 – revise entire section; Chapter 74:36:04 – revise sections 74:36:04: 03, 74:36:04:04; and add section 74:36:04:21.01; Chapter 74:36:05 - revise sections 74:36:05:04, 74:36:05:04. 01, 74:36:05:06, and, 74:36:05:16.01; and add s ection 74:36:05:39.01; Chapter 74:36:07 - revise sections 74 :36:07:01 through 74:36 :07:07.01, 74:36:07:09, 74:36:07:10, 74:36:07:12 through 74:36:07:28, 74 :36:07:31 through 74:36 :07:34, 74:36:07:36, 74:36:07:37, 74:36:07:39 through 74:36:07:92; and adding sec tion 74:36:07:93; Chapter 74:36:08 - revise sections 74:36:08:01thr ough 74:36:08:130; Chapter 74:36:09 - revise secti ons 74:36:09:02 and 74:36:09:03; Chapter 74:36:10 - revise sections 74: 36:10:02, 74:36:10:03.01, a nd 74:36:10:05 through 74:36:10:08;Chapter 74:36:11 - revise section 74:36:11:01; Chapter 74:36:12 - revise secti ons 74:36:12:01 and 74:36:12:03; Chapter 74:36:13 - revise sections 74: 36:13:02 through 74:36: 13:04, 74:36:13:06 through 74:36:13:08; Chapter 74:36:16 - revise sections 74:36: 16:01, 74:36:16:02, 74:36:16: 04, and 74:36:16:05; Chapter 74:36:18 - revise section 74:36:18:10; Chapter 74:36:20 - revise sections 74:36: 02, 74:36:02.01, 74:36:20:05, and 74:36:20:11; and add section 74:36:20.05.01; and Chapter 74:36:21 - revise sections 74:36: 21:02, 74:36:21:04, 74:36:21: 05, and 74:36:21:09. The effect of the proposed amendments is to adopt revisions to fede ral regulations, clarify existing regulations, and streamline the existing air quality permitting process for specific types of operations. By adopting the proposed amendments South Da kota’s air pollution cont rol program rules will continue to comply with the federal regulations , and to allow South Dakota to maintain approval of its air quality program. In June 2015, which was prior to public notice, the proposed am endments and additions were sent to several entities, including industry, environmental groups, a nd other interested parties, for review and comment. During that review/co mment period, the only comments received by the department were verbal from EPA. Notice of the public hearing was published on July 28, 2015, in Aberdeen’s American News, Sioux Falls’ Argus Leader, Spearfish’s Black Hills Pioneer, Brookings’ Brookings Register, Pierre’s Capitol Journal, Mitchell’s The Da ily Republic, Huron’s The Plainsman, Madison’s Daily Leader, Watertown’s Public Opinion, and Yankton’s Daily Press a nd Dakotan, and on July 29, 2015, in the Rapid City’s Rapid City Journal. Af fidavits of Publication were received and are on file at DENR. Notice of the public hearing was posted on DENR ’s website and State of South Dakota public notice website. The notice was also sent to th e department’s interested parties mailing list, which includes environmental groups, industr y and other interested parties. The proposed rules were sent to the Bureau of Finance and Management and to the Legislative Research Council (LRC). LRC reviewed and approved the proposed amendments for form, style, and legality. LRC’s change s were incorporated into the fina l version of the proposed rules. The only written comments submitted were from LRC and EPA.Kyrik Rombough, DENR Air Quality Program, explained the proposed amendments and additions. He answered questions from the board. Following Mr. Rombough’s presentation, Chairman Hagg requested public comment. No one from the public offered comments either for or against the proposed amendments. Motion by Englund, seconded by Blumhardt, to a dopt amendments to ARSD 74:36, Air Quality Regulations, as presented and including form and style changes made by LRC. A roll call vote was taken and the motion carried unanimously. Chairman Hagg closed the hearing at 9:35 a.m. MDT.

# BOARD OF MINERALS AND ENVIRONMENT
APPROVED AMENDMENTS
ARSD 74:36
AIR POLLUTION CONTROL PROGRAM August 20, 2015

### TABLE OF CONTENTS

i Page

1.0 BACKGROUND .................................................................................................................... ............................ 1 2.0 CHAPTER 74:36:01 – DEFINITIONS ................................................................................................ ............ 1 3.0 CHAPTER 74:36:02 – AM BIENT AIR QUALITY ........................................................................................ 2 4.0 CHAPTER 74:36:03 – AIR QUALITY EPISODES ....................................................................................... 3 5.0 CHAPTER 74:36:04 – OPERATING PERMITS FOR MINOR SOURCES ............................................... 3 6.0 CHAPTER 74:36:05 – OPERATING PERMITS FOR PART 70 SOURCES .............................................. 4 7.0 CHAPTER 74:36:07 – NEW SOURCE PERFORMANCE STANDARD S .................................................. 4 8.0 CHAPTER 74:36:08 – NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS..................................................................................................................... .............................. 5 9.0 CHAPTER 74:36:09 – PREVENTION OF SIGNIFICANT DETERIORATION ....................................... 5 10.0 CHAPTER 74:36:10 – NEW SOURCE REVIEW ..................................................................................... 7 11.0 CHAPTER 74:36:11 – PERF ORMANCE TESTING ................................................................................ 7 12.0 CHAPTER 74:36:12 – CONTROL OF VISIBLE EM ISSION S ............................................................... 8 13.0 CHAPTER 74:36:13 – CONTINUOUS EMISSION MONITORING SYSTEMS .................................. 8 14.0 CHAPTER 74:36:16 – ACID RAIN PROGRAM ....................................................................................... 8 15.0 CHAPTER 74:36:18 – REGULATION S FOR STATE FACILITIES IN THE RAPID CITY AREA .. 9 16.0 CHAPTER 74:36:20 – CONSTRUCTION PERMITS FOR NEW SOURCES OR MODIFICATIONS9 17.0 CHAPTER 74:36:21 – REGIONAL HAZE PROGRAM ........................................................................ 101 

### 1.0 Background The Air Quality Program within the South Dakota Department of Environment and Natural Resources (DENR) implements federal air qua lity programs. There are several methods by which the U.S. Environmental Protection Agency (EPA) gives states approval to implement federal air quality programs. The more traditiona l method is for states to adopt rules and submit the state rules to EPA for impl ementation into what is known as a state implementation plan (SIP). For this process, EPA reviews the state’s ru les to determine if the rules are equivalent to the federal regulations. If the state’s rules are equivalent, EPA approves the state’s rules through a federal register notice. A second method for administrating a federal air quality program is to request delegation of the program. The first step in requesting delegation is to adopt state rules that are equivalent to the federal regulations. Adopting the federal regulations by reference is the simplest method DENR has found to achieve this goal. A third method for administrating a federal air qu ality program is to have the program approved. As with the first two methods of implementing a federal air quality program , the state must adopt rules that are equivalent to the federal program and submit the rules to EPA for approval. The proposed revisions to South Dakota’s Air Po llution Control Program are discussed in the following chapters and may be viewed in Appendix A. 

### 2.0 Chapter 74:36:01 – Definitions
Chapter 74:36:01 defines the terms used thr oughout Article 74:36 – Air Pollution Control Program. EPA approved sections 74:36:01:01 thr ough 74:36:01:21 of this chapter into South Dakota’s SIP. The definitions in Chapter 74:36:01 are reviewed pe riodically to ensure they are up-to-date and consistent with the ot her Air Quality Program chapters. There are six definitions in Chapter 74:36:01 that reference federal regulations. The federal regulations are periodically updated to ensure these definitions ar e consistent with the federal regulations. For example, the definition of a vol atile organic compound is revised periodically by EPA by adding compounds to the list of organic compounds that have negligible photochemical reactivity, and therefore, are not considered a volatile orga nic compound. The sections in Chapter 74:36:01 that require updating the referen ce date to the most current version of the federal reference as of July 1, 2014, involve the following:

1. 74:36:01:01(8); 2. 74:36:01:01(29); 3. 74:36:01:01(67); 4. 74:36:01:01(73); 5. 74:36:01:05; and 6. 74:36:01:20.2 Based on DENR’s experience, certain modifications to existing operations at permitted facilities result in an insignificant increa se in air pollution. As such, S outh Dakota regulations identified these sources as insignificant activities. Insignificant activities were not required to be included in an operating or construction permit. Howeve r, South Dakota’s regulations contained a “catch all” clause that stated an emission unit that was a pplicable to a federal or state standard could not be considered insignificant regardle ss of its insignifican t increase in air pollution. In the past few years, EPA has promulgated several federal re gulations covering these small sources of air pollution (e.g. generators, boilers, gas dispensing facilities, etc.). As such, South Dakota’s “catch all” clause is requiring these small sources of air pollutants to now be included in the air quality permits and to undergo the same permitting process as projects with significant increases in emissions of air pollutants. South Dakota’s re gulations as initial writ ten were not intended to require these small sources to have to go through the same permitting process as projects with significant increases of air pollutants. In July 2011, EPA promulgated a federal minor s ource review program in Indian country, which does not require a construction permit for new sour ces or modifications to existing sources if emissions are below the minor New Source Revi ew threshold in Table 1 of 40 CFR § 49.153. The federal program allows existing sources with permits to administratively amend its existing permit to include these small sources of air pollutants.

To be consistent with EPA and to streamline the process for insignificant increases in air pollution, DENR is proposing to add “insignifica nt increase in allowable emissions” to the definition of “permit revision” in section 74:36: 01(50) and an exception to the definition of “modification” in section 74:36:01:10, which will allow construction projects to move forward if the air pollution increase meets the definition of an “insignificant increase in allowable emissions.” DENR is proposing to add a defini tion for, “insignificant increase in allowable emissions,” derived from Table 1 in 40 CFR § 4 9.153. This process would still require a small source of air pollution to be covered by an air qu ality permit but would use a process similar to EPA’s administrative amendment process. Th ese sources have been and are expected to continue to be inconsequential to attainment or maintenance of the National Ambient Air Quality Standards. The proposed changes to Chapter 74:36:01 may be observed in Appendix A. 

### 3.0 Chapter 74:36:02 – Ambient Air Quality
Chapter 74:36:02 establishes the ai r quality goals and ambient ai r quality standards for South Dakota. EPA approved sections 74:36:02:01 thr ough 74:36:02:05 of this chapter into South Dakota’s SIP: The reference date for the federal regulation is proposed to be updated to the most current version of the federal reference of July 1, 2014. This revision will update any minor inconsistency between South Dakota’s SIP and EP A’s federal regulations as of July 1, 2014. The following sections in Chapter 74: 36:02 involve this type of change:

1. 74:36:02:02;3 2. 74:36:02:03; 3. 74:36:02:04; and 4. 74:36:02:05. The proposed changes to Chapter 74:36:02 may be observed in Appendix A. 

### 4.0 Chapter 74:36:03 – Air Quality Episodes
Chapter 74:36:03 identifies the contingency pl an DENR will follow during an air pollution emergency episode. EPA approved sections 74:3 6:03:01 and 74:36:03:02 of this chapter into South Dakota’s SIP. The reference date for the federal regulation is proposed to be updated to the most current version of the federal reference of July 1, 2014. This revision will update any minor inconsistency between South Dakota’s SIP and EPA’s federal regulations as of July 1, 2014. These changes involve 74:36:03:01 and 74:36:03:02. The proposed changes to Chapter 74:36:03 may be observed in Appendix A. 

### 5.0 Chapter 74:36:04 – Operating Permits for Minor Sources
Chapter 74:36:04 is South Dakota’s minor air qua lity operating permit program. EPA approved sections 74:36:04:01 through 74: 36:04:33 of this chapter in to South Dakota’s SIP. The reference date for the federal regulation is proposed to be updated to the most current version of the federal reference of July 1, 2014. This revision will update any minor inconsistency between South Dakota’s SIP and EPA’s federal regulations as of July 1, 2014. This type of change i nvolves section 74:36:04:04.

Section 74:36:04:03 lists emission units that are exempt from inclusion in a minor air quality operating permit. Emission units may not be exempt ed if federally enforceable limits have been included in the permit to avoid other permits. The re visions are being proposed to clarify that any unit that is applicable to a federal rule in Chapter 74:36:07 – New Source Performance Standards and Chapter 74:36:08 – National Emission Standard s for Hazardous Air Pollutants may not be exempted from inclusion in the minor air qual ity operating permit. This will ensure that the business understands and complies with all of the federal requirements. As discussed in Chapter 2.0, a definition for “ins ignificant increase in al lowable emissions” is being proposed to account for all of the new fe deral standards covering small sources of air pollutants, to stream line the permitting actions for these small sources, and to be consistent with the federal permitting requirements. As such, the revisions are proposing to add section 74:36:04:21.01 which will identify procedures for pro cessing an application for activities that are considered an “insignificant increase in allowable emissions.” This process will allow construction projects to move forward if the air pollution increase meet s the definition of an “insignificant increase in allowable emissions.”4 The proposed changes to Chapter 74:36:04 may be observed in Appendix A. 

### 6.0 Chapter 74:36:05 – Operating Permits for Part 70 Sources
Chapter 74:36:05 is South Dakota’s Title V air qu ality operating permit program, which is also referred to as an Operating Permit for Part 70 Sources program. Title V air quality operating permit programs are not part of South Dakot a’s SIP; however, EPA has approved South Dakota’s permit program. This program is loca ted in section 74:35:05:01 through 74:35:05:52. The reference date for the federal regulation is proposed to be updated to the most current version of the federal reference of July 1, 2014. This revision will update any minor inconsistency between South Dakota’s SIP and EP A’s federal regulations as of July 1, 2014. These types of changes are in the following sections:

1. 74:36:05:04; 2. 74:36:05:06; and 3. 74:36:05:16.01. Section 74:36:05:04.01 lists insignificant activities th at are exempt from inclusion in a Title V air quality operating permit. Emission units may not be exempted if federally enforceable limits have been included in the permit to avoid other permits. DENR is proposing to clarify that any insignificant activity that is applicable to a federal rule in Chapter 74:36:07 – New Source Performance Standards and Chapter 74:36:08 – Na tional Emission Standards for Hazardous Air Pollutants, be included in the Title V air quality operating permit. This proposal will ensure that businesses understand and comply with all of the federal requirements. As discussed in Chapter 2.0, a definition for “ins ignificant increase in al lowable emissions” is being proposed to account for all of the new fe deral standards covering small sources of air pollutants, to stream line the permitting actions for these small sources, and to be consistent with the federal permitting requirements. As such, the revisions are proposing to add section 74:36:05:39.01 which will identify procedures for pro cessing an application for activities that are considered an “insignificant increase in allowable emissions.” This process will allow construction projects to move forward if the air pollution increase meet s the definition of an “insignificant increase in allowable emissions.” The proposed changes to Chapter 74:36:05 may be observed in Appendix A. 

### 7.0 Chapter 74:36:07 – New So urce Performance Standards Chapter 74:36:07 includes all of the federal new source performance standards DENR has adopted by reference to maintain delegation of this program However, the following three sections are not delegated but ar e included in South Dakota’s SIP:

1. 74:36:07:08 – Ash disposal requirements; 2. 74:36:07:29 – Operating requirements fo r wire reclamation furnaces; and 3. 74:36:07:30 – Monitoring requirements for wire reclamation furnaces.5 The ash disposal requirements are for municipa l waste combustors and reference Article 74:27, which are DENR’s solid waste requirements. The sections on wire reclamation furnaces were developed to ensure existing wire reclamati on furnaces were minimizing air emissions and conducting monitoring to ensure compliance. None of these sections are being revised at this time. This chapter was last updated in June 2013, when the federal regulations promulgated as of July 1, 2012, were adopted by reference. The reference da te for the federal regulation is proposed to be updated to the most current version of the fede ral reference of July 1, 2014. This revision will update any minor inconsistency between South Da kota’s rules and EPA’s federal regulations as of July 1, 2014. There are 98 sections in this chap ter. All but five are impacted by this proposed revision. EPA has promulgated new standards since the last update to this chapter. The following section is proposed to be included in Chapter 74:36:07:

1. 74:36:07:94 – Standards of performance fo r crude oil and natural gas production, transmission and distribution This federal regulation establishes standards of performance for crude oil and natural gas production, transmission and distribution that commence construction, modification, or reconstruction after August 23, 2011. This standa rd is located in 40 CFR Part 60, subpart OOOO (July 1, 2014). DENR is proposing to adopt this standard by reference to ensure DENR has the proper regulations in place in case these federal rules are applicable in the future to the oil and natural gas industry in South Dakota. The proposed changes to Chapter 74:36:07 may be observed in Appendix A

. 

### 8.0 Chapter 74:36:08 – National Emi ssion Standards for Hazardous Air Pollutants Chapter 74:36:08 includes all of the federal re gulations DENR has adopted by reference to maintain delegation of federal standards a pplicable to hazardous air pollutants. The revision process for chapter 74:36:08 is sim ilar to the revision proc ess for chapter 74:36:07. The reference date for the federal regulation is proposed to be updated to the most current version of the federal reference of July 1, 2014. This revision will update any minor inconsistency between South Dakota’s rules and EPA’s federal regulations as of July 1, 2014. There are 138 sections in this chapter. A ll but the first secti on is being revised. The proposed changes to Chapter 74:36:08 may be observed in Appendix A. 

### 9.0 Chapter 74:36:09 – Prevention of Significant Deterioration6 Chapter 74:36:09 is DENR’s Prevention of Sign ificant Deterioration preconstruction permit program for large sources in areas of the stat e that attain the federal National Ambient Air Quality Standards identified in Chapter 74:36:02. Faci lities in the past that have been subject to this type of permit are the Big Stone II coal-fir ed power plant project in 2008 and the Hyperion oil refinery project in 2009. EPA approved the Prevention of Significant Deterioration preconstruction permit program in South Da kota’s SIP. The Prev ention of Significant Deterioration preconstruction permit program consists of sections 74:36:09:01 through 74:36:09:03 of this chapter. The reference date for the federal regulation is proposed to be updated to the most current version of the federal reference of July 1, 2014. This revision will update any minor inconsistency between South Dakota’s SIP and EP A’s federal regulations as of July 1, 2014. These changes involve sectio ns 74:36:09:02 and 74:36:09:03. According to the Clean Air Act, once a pollutant is regulated under any part of the Act, (as was the case with greenhouse gas emissions after the motor vehicle regulations were finalized in March 2010) major new sources or major modificati ons are subject to the PSD program and Title V air quality operating permit program. Under the Clean Air Act, PSD and Title V air quality operating permits are required for all sources th at emit a regulated air pollutant above 100 or 250 tons per year, depending on the source. This threshold, if applied to greenhouse gases, would greatly increase the number of facilities requiring a PSD review or Title V air quality operating permit. Based on administrative necessity, EP A increased these thresholds through the “Tailoring Rule.” On May 13, 2010, EPA issued the final version of the “Tailoring Rule” for greenhouse gas emissions. The major source thresholds for greenhouse gases are listed below:

1. New PSD source because of a criteria air pollutant, the major source threshold for greenhouse gases is 75,000 tons per year of carbon dioxide equi valent or more; 2. New PSD source if greenhouse gas emissions are 100,000 tons per year of carbon dioxide equivalent or more; 3. For an existing PSD source because of a crite ria air pollutant, a major modification for greenhouse gases is an increase of 75,000 tons per year of carbon dioxi de equivalent or more; 4. For an existing non-PSD source that has the pote ntial to emit 100,000 tons per year of carbon dioxide equivalent emissions or more , a major modification for greenhouse gases is an increase of 75,000 tons per year of carbon dioxide equivalent or more; and 5. In addition to subsection (2) and (4), a sp ecific greenhouse gas, w ithout calculating the carbon dioxide equivalent, also needs to em it greater than 100 or 250 tons per year, whichever is applicable , to be regulated. On June 24, 2014, the Supreme Court of the Unite d States ruled that greenhouse gases may not be regulated under the PSD program unless the facility requires a PSD permit for the other regulated air pollutants. The Supreme Court ru ling also changed the pe rmitting requirements for7 greenhouse gases in Chapter 74:36:05. Therefore, DENR is proposing to revise its greenhouse gas requirements for Chapter 74:36:05 and 74:36:09. The proposed changes to Chapter 74:36:09 may be observed in Appendix A. 

### 10.0 Chapter 74:36:10 – New Source Review Chapter 74:36:10 is DENR’s New Source Review preconstruction permit program for large sources in areas of the state that are not at taining the federal National Ambient Air Quality Standards identified in Chapter 74 :36:02. All of South Dakota is in attainment with the federal standards; therefore, there are no facilit ies that require a precons truction permit under this program. EPA approved sections 74:36:10:01 thr ough 74:36:10:08 of this chapter into South Dakota’s SIP. The reference date for the federal regulation is proposed to be updated to the most current version of the federal reference of July 1, 2014. This revision will update any minor inconsistency between South Dakota’s SIP and EP A’s federal regulations as of July 1, 2014. These changes involve the following sections:

1. 74:36:10:02; 2. 74:36:10:03.01; 3. 74:36:10:05; 4. 74:36:10:07; and 5. 74:36:10:08.
On December 24, 2003, several definitions for new source review were stayed indefinitely by a court order. On March 30, 2011, EPA extended the stay of the “Fugitive Emissions Rule” under the new source review program. The extension cl arified the stay and revisions of specific paragraphs in the new source review program af fected by the Fugitive Emissions Rule. Changes are proposed to revise South Dakota’s SIP to re move these references. These changes involve section 74:36:10:02. On January 22, 2013, the United States Court of A ppeals for the District of Columbia Circuit vacated the significant impact levels for particul ate matter less than 2.5 microns (PM2.5) in the new source review program. Change s are proposed to remove the significant impact levels for PM2.5 from South Dakota’s SIP. These changes involve section 74:36:10:06.
The proposed changes to Chapter 74:36:10 may be observed in Appendix A. 

### 11.0 Chapter 74:36:11 – Performance Testing Chapter 74:36:11 identifies the performance testi ng requirements used by permitted facilities to demonstrate compliance with permit limits. EPA approved sections 74:36:11:01 through 74:36:11:04 of this chapter into South Dakota’s SIP.8 The reference date for the federal regulation is proposed to be updated to the most current version of the federal reference of July 1, 2014. This revision will update any minor inconsistency between South Dakota’s SIP and EP A’s federal regulations as of July 1, 2014. These changes involve section 74:36:11:01. The proposed changes to Chapter 74:36:11 may be observed in Appendix A. 

### 12.0 Chapter 74:36:12 – Control of Visible Emissions Chapter 74:36:12 identifies visible emission limit s for units that emit air pollution. It also identifies exceptions to the limits for certain inst ances such as brief periods during soot blowing, startup, shutdown, and malfunctions. EPA approve d sections 74:36:12:01 through 74:36:12:03 of this chapter into South Dakota’s SIP. The reference date for the federal regulation is proposed to be updated to the most current version of the federal reference of July 1, 2014. This revision will update any minor inconsistency between South Dakota’s SIP and EP A’s federal regulations as of July 1, 2014. These changes involve sectio ns 74:36:12:01 and 74:36:12:03. The proposed changes to Chapter 74:36:12 may be observed in Appendix A. 

### 13.0 Chapter 74:36:13 – Continuous Emission Monitoring Systems Chapter 74:36:13 identifies the continuous em ission monitoring requirements for sources required to install continuous monitoring equi pment by the Secretary. EPA approved sections 74:36:13:01 through 74:36:13:07 of this chap ter into South Dakota’s SIP. Section 74:36:13:08 is not part of South Dakota’s SIP but was appr oved by EPA as part of South Dakota’s Title V air quality operating pe rmitting program noted in Chapter 74:36:05. The reference date for the federal regulation is proposed to be updated to the most current version of the federal reference of July 1, 2014. This revision will update any minor inconsistency between South Dakota’s SIP, approved Title V permitting Program and EPA’s federal regulations as of July 1, 2014. Th ese changes involve the following sections:

1. 74:36:13:02; 2. 74:36:13:03; 3. 74:36:13:04; 4. 74:36:13:06; 5. 74:36:13:07; and 6. 74:36:13:08. The proposed changes to Chapter 74:36:13 may be observed in Appendix A. 

### 14.0 Chapter 74:36:16 – Acid Rain Program9 South Dakota’s Acid Rain Program is similar to Chapter 74:36:07 – New source performance standards and Chapter 74:36:08 – National emission standards for hazardous air pollutants. This chapter is delegated to South Dakota by EPA. The reference date for the federal regulation is proposed to be updated to the most current version of the federal reference of July 1, 2014. This revision will update any minor inconsistency between South Dakota’s SIP and EP A’s federal regulations as of July 1, 2014. These changes invovle the following sections:

1. 74:36:16:01; 2. 74:36:16:02; 3. 74:36:16:04; and 4. 74:36:16:05. The proposed changes to Chapter 74:36:16 may be observed in Appendix A. 

### 15.0 Chapter 74:36:18 – Regulations for State Facilities in the Rapid City Area Chapter 74:36:18 is part of South Dakota’s SI P and EPA approved sec tions 74:36:18:01 through 74:36:18:12 of this chapter in to South Dakota’s SIP. The reference date for the federal regulation is proposed to be updated to the most current version of the federal reference of July 1, 2014. This revision will update any minor inconsistency between South Dakota’s SIP and EP A’s federal regulations as of July 1, 2014. These changes involve section 74:36:18:10. The proposed changes to Chapter 74:36:18 may be observed in Appendix A

.


### 16.0 Chapter 74:36:20 – Constructi on Permits for New Sources or Modifications Chapter 74:36:20 requires an air quality constr uction permit for new businesses/facilities and existing businesses/facilities that modify their op erations that do not meet the requirements for obtaining a preconstruction permit in Chapters 74:36:09 and 74:36:10. DENR submitted Chapter 74:36:20 to EPA for inclusion in South Dakota’s SIP. EPA approved Chapter 74:36:20 in South Dakota’s SIP on June 27, 2014, except for the phrase, “unless it meets the requirements in section 74:36:20:02.01,”and all of section 74 :36:20:02.01. Section 74:36:20:02.01 allows small projects to start construction prior to receiving a construction permit but does not allow them to start operation until the construction permit has been issued. The intention of the language was to allow construction of small s ources that would not impact S outh Dakota’s ability to achieve and/or maintain the National Ambient Air Qualit y Standards because of South Dakota’s relative short construction season due to ground freezing during our winter season or other inclement weather that could poten tially and unnecessarily delay the construction project.10 Changes are proposed to resolve the issue with EPA’s disapproval of section 74:36:20:02.01 in South Dakota’s SIP. Currently, EPA allows th e construction of concrete foundations, belowground plumbing, ductwork, or other infrastructure an d/or excavation work prior to the issuance of the construction permit. DENR is proposing to limit what can be constructed prior to the issuance of the construction permit to what EPA has allowed. After completion of these prepermit activities there should be no anticipated incr eases in emissions of regulated air pollutants associated with them. The proposed changes would also minimize potential delays in the construction of an entire project due to Sout h Dakota’s limited construction season. These proposed changes involve secti ons 74:36:20:02 and 74:36:20:02.01. The reference date for the federal regulation is proposed to be updated to the most current version of the federal reference of July 1, 2014. This revision will update any minor inconsistency between South Dakota’s SIP and EP A’s federal regulations as of July 1, 2014. These proposed changes i nvolve section 74:36:20:05. As discussed in Chapter 2.0, a definition for “ins ignificant increase in al lowable emissions” is being proposed to account for all of the new fe deral standards covering small sources of air pollutants, to stream line the permitting actions for these small sources, and to be consistent with the federal permitting requirements. As such, the revisions are proposing to add section 74:36:20:05.01 which will identify procedures for pro cessing an application for activities that are considered an “insignificant increase in allowable emissions”. This process will allow construction projects to move forward if the air pollution increase meet s the definition of an “insignificant increase in allowable emissions”. The proposed changes to Chapter 74:36:20 may be observed in Appendix A. 

### 17.0 Chapter 74:36:21 – Regional Haze Program Chapter 74:36:21 contains the requirements DENR agreed to as part of South Dakota’s Regional Haze Program. EPA approved sections 74:36:21: 01 through 74:36:21:12 of this chapter into South Dakota’s SIP. The reference date for the federal regulation is proposed to be updated to the most current version of the federal reference of July 1, 2014. This revision will update any minor inconsistency between South Dakota’s SIP and EP A’s federal regulations as of July 1, 2014. These proposed changes involve sections 74:36:21:02; 74:36:21: 04; 74:36:21:05; and 74:36:21:09. The proposed changes to Chapter 74:36:21 may be observed in Appendix A.

# Appendix A Proposed Amendments

To ARSD 74:36 – Air Pollution Control ProgramA-1 ARTICLE 74:36

AIR POLLUTION CONTROL PROGRAM

Chapter

74:36:01 Definitions. 74:36:02 Ambient air quality. 74:36:03 Air quality episodes. 74:36:04 Operating pe rmits for minor sources. 74:36:05 Operating permits for Part 70 sources. 74:36:06 Regulated ai r pollutant emissions. 74:36:07 New source performance standards.

74:36:08 National emission standa rds for hazardous air pollutants.

74:36:09 Prevention of significant deterioration.

74:36:10 New source review. 74:36:11 Performance testing.

74:36:12 Control of visible emissions. 74:36:13 Continuous emission monitoring systems. 74:36:14 Variances, Repealed. 74:36:15 Open burning, Transferred or Repealed. 74:36:16 Acid rain program. 74:36:17 Rapid City st reet sanding and deicing.A-2 74:36:18 Regulations for state fa cilities in the Rapid City area. 74:36:19 Mercury budget trading program, Repealed. 74:36:20 Construction permits for new sources or modifications. 74:36:21 Regional haze program.

CHAPTER 74:36:01

DEFINITIONS

Section

74:36:01:01 Definitions. 74:36:01:02 Repealed. 74:36:01:03 Administrative permit amendment defined.

74:36:01:04 Affected states defined. 74:36:01:05 Applicable requirement s of the Clean Air Act defined. 74:36:01:06 Complete application defined. 74:36:01:07 Repealed. 74:36:01:08 Major source defined. 74:36:01:09 Categories of sources defined.

74:36:01:10 Modification defined. 74:36:01:10.01 Insignificant increase in allowable emissions.A-3 74:36:01:11 National ambient air quality standard (NAAQS).

74:36:01:12 Potential to emit defined. 74:36:01:13 Process weight rate defined. 74:36:01:14 Repealed. 74:36:01:15 Regulated air pollutant defined. 74:36:01:16 Responsible official defined. 74:36:01:17 Repealed. 74:36:01:18 Municipal solid waste landfill defined. 74:36:01:19 Existing municipal solid waste landfill defined. 74:36:01:20 Physical change in or cha nge in the method of operation defined.

74:36:01:21 Commenced construction defined.

74:36:01:01. Definitions. Unless otherwise specified, the te rms used in this article mean:

(1) "Act," chapter 34A-1 of the South Dakota Codified Laws;

(2) "Acid rain permit," a legally binding wr itten document or portion of a document that is issued by the department and specifies the acid rain program requirements applicable to an

affected source and to the owners and operators and the designated representative of the affected

source;A-4 (3) "Acid rain program," the national sulf ur dioxide and nitrogen oxides air pollution control and emissions reduction program establishe d in accordance with Title IV of the Clean
Air Act;

(4) "Administrator," the administrator of the Environmental Protection Agency or the secretary or their authorized representatives;

(5) "Affected source," a sour ce that includes one or more af fected units unde r Title IV of
the Clean Air Act;

(6) "Affected unit," a unit that is subject to any of the emission reduction requirements or emission limits pursuant to Title IV of the Clean Air Act or chapter 74:36:16;

(7) "Air pollutant," one or a combinati on of the regulated air pollutants listed in
§ 74:36:01:15;

(8) "Allowable emissions," the emission ra te calculated using the maximum rated capacity

of a source unless the source is subject to federally enforceable limits which restrict operating rate, hours of operation, or both, and th e most stringent of the following:

(a) The applicable new source perf ormance standards in chapter 74:36:07; (b) The applicable national emi ssion standards in chapter 74:36:08;A-5 (c) Any applicable emission limitations specified in this article, including those with a future compliance date; (d) The emission rate speci fied as a permit condition; or (e) The applicable standards in 40 C.F.R. Part 60, 61, or 63 ( July 1, 2012 July 1, 2014 );

(9) "Ambient air," that portion of the atmo sphere external to bui ldings to which the general public has access;

(10) "ASTM," the American So ciety for Testing and Materials;

(11) "Board," the Board of Minerals and Environment;

(12) "Btu," British thermal unit;

(13) "CO," carbon monoxide;

(14) "Chairman," chairman of the board;

(15) "Clean Air Act," the Clean Air Ac t, 42 U.S.C. 7401 et seq., as amended through January 1, 2010;

(16) "Clean Air Act Amendments," the ame ndments to the Clean Air Act enacted in Pub.
L. No. 101-549, November 15, 1990;A-6 (17) "Control equipment," a device which prevents or reduces emissions;

(18) "Criteria pollutant," selected and specified pollutant s for which limiting ambient air quality standards have been se t, including sulfur di oxides, particulate ma tter, carbon monoxide, ozone, nitrogen oxides, and lead;

(19) "Department," the South Dakota Depart ment of Environment and Natural Resources;

(20) "Designated representa tive," the responsible person or official authorized by the owner or operator of an affected unit, in acco rdance with the Clean Air Act, to represent the owner or operator in matters pe rtaining to the holding, transfer, or disposition of allowances

allocated to the unit and the submission of and compliance with permits, permit applications, and compliance plans for the unit;

(21) "Draft permit," the version of a pe rmit for which the department offers public participation or aff ected state review;

(22) "Emissions allowable under the permit, " a federally enforceable permit term or condition determined at issuance to be required by an applicable requirement that establishes an emissions limit, including work practice standards, or a federally enforceable emissions cap that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject;A-7 (23) "Emission standard," the maximum amount of a pollutant legally permitted to be discharged from a single unit;

(24) "Emission unit," "Unit," any part or activ ity of a stationary source which emits or has the potential to emit a regul ated air pollutant or any pollutant listed under section 112(b) of the
Clean Air Act;

(25) "EPA," the Environmental Protection Agency;

(26) "Equivalent method," a ny method of sampling and analysis for an air pollutant which has a consistent and quantitativ ely known relationshi p to the reference method under specified
conditions;

(27) "Existing source," a source that has an approved state-issued permit;

(28) "Facility," a building, structure, or installation of pollutant-emitting activities which belong to the same indust rial grouping, located on one or more co ntiguous or adja cent properties and under the control of the same person or of persons under common control, except the

activities of a water-borne vesse l. Pollutant-emitting activities ar e part of the same industrial grouping if they belong to the same major group, i.e ., have the same two-digit code, as described

in the Standard Industrial Classification Manual, 1987;A-8 (29) "Federally enforceable," all limits and conditions that are enforceable by the administrator of EPA pursuant to federal la w. These limits and conditions include those requirements developed pursuant to this articl e, those appearing in 40 C.F.R. §§ 60 and 61 ( July
1, 2012 July 1, 2014 ) , requirements within the state implementation plan, and permit requirements established pursuant to this article or 40 C.F.R. § 51 Subpart I ( July 1, 2012 July 1,

2014 ). The use of this term does not impede the department's author ity under state law to enforce
these limits and conditions;

(30) "Final permit" the version of an operating permit issued by the permitting authority for a source that has completed all required review procedures;

(31) "Fuel-burning unit," a furnace, boiler, apparatus, stack, or any of their components used in the process of burning fu el or other combustible materi al for the primary purposes of producing heat or power by indirect heat transfer;

(32) "Fugitive emissions," those air pollu tants which could not reasonably pass through a stack, chimney, vent, or other f unctionally equivalent opening;

(33) "General permit," a permit issued by the board in accordance with SDCL 34A-1-56 that may be made applicable to numerous similar sources;A-9 (34) "Heat input," the aggr egate heat content of all fuel s whose products of combustion pass through a stack or stacks, us ing the heat input value of th e equipment manufacturer's or designer's guaranteed maximum input, whichever is greater;

(35) "Incinerator," a furnace used to burn so lid waste to reduce the volume of the waste by removing its combustible material;

(36) "Malfunction," any s udden and unavoidable failure of air pollution control equipment or process equipment or of a pr ocess to operate in a normal or usual manner, but not a failure caused entirely or in part by poor maintena nce, careless operation, preventable equipment breakdown, or any other cause w ithin the control of the owner or operator of the source;

(37) "Minor source," a source whose potential emissions of a criteria pollutant are less than 100 tons a year and which does not m eet the definition of a Part 70 source;

(38) "New source," a source that has not been constructed and does not possess a permit;

(39) "Nonattainment area," an area that does not meet or that contributes to ambient air quality in a nearby area that does not meet the national primary or secondary ambient air quality standard for the pollutant;

(40) "NSR," new source review;A-10 (41) "Opacity," the degree to which em issions reduce the transmission of light and

obscure the view of an object in the background;

(42) "Open burning," the bur ning of any matter in such a manner that the products of combustion resulting from the burning are emitted directly into the ambient air without passage through a stack, duct, or chimney;

(43) "Operating permit," a wr itten authorization issued by th e board or the secretary for the operation of a source;

(44) "Owner or operator," any person who ow ns, leases, operates, cont rols, or supervises a

source;

(45) Repealed;

(46) "Part 70 operating permit," any permit or group of permits covering a Part 70 source
that is issued, renewe d, amended, or revised;

(47) "Part 70 source," any source subject to § 74:36:05:03;

(48) "Particulate matter," a broad class of chemically and physica lly diverse substances that exist as discrete particles, liquid dropl ets, or solids over a wi de range of sizes;A-11 (49) "Permit modification," a change to a source which operates under a minor source operating permit or Part 70 operating permit th at meets the requirements of § 74:36:01:10;

(50) "Permit revision," a revision to a mi nor source operating permit or Part 70 operating permit to incorporate a permit modificat ion, administrative permit amendment, insignificant increase in allowable emissions, or minor permit amendment;

(51) "Person," an individua l, corporation, partnership, firm , association, trust, estate, public or private institution, group, agency, political subdivision or state agency or any legal successor, representative, agent, or agency of the foregoing;

(52) "PM10," particulate matter with an ae rodynamic diameter less than or equal to a nominal ten micrometers as measured by an a pplicable reference or equivalent method;

(53) "Proposed Part 70 operating permit," a permit that the department has forwarded to EPA for review after the closure of the public notice period and after considering any public comments, including those from affected states;

(54) "PSD," prevention of significant deterioration;

(55) Repealed;A-12 (56) "Salvage operation," an operation conducte d in whole or in part for the reclaiming of product or material;

(57) "Secretary," the secretary of the South Dakota Department of Environment and Natural Resources or an authorized representative;

(58) "Shutdown," the cessation of operation of any control equipment, process equipment, or process for any purposes;

(59) "Smoke," small gas-borne particles re sulting from incomplete combustion, consisting predominantly, but not exclusively, of carbon, ash, and other combustible material, that form a visible plume in the air;

(60) "Source," a facility that emits or ma y emit any air pollutant regulated under the Clean
Air Act;

(61) "Start-up," the setting into operation of any control equipment, process equipment, or process for any purpose;

(62) "Title I," Title I of the Clean Air Act Amendments, provisions for attainment and

maintenance of national ambi ent air quality standards;

(63) "Title IV," Title IV of the Clean Air Act Amendments, acid deposition control;A-13 (64) "Title V," Title V of th e Clean Air Act Amendments, permits;

(65) "Title VI," Title VI of the Cl ean Air Act Amendments, stratospheric ozone protection;

(66) Repealed;

(67) "VOC," "volatile organic compounds ," as defined in 40 C.F.R. § 51.100(s) ( July 1,

2012 July 1, 2014 );

(68) "Wire reclamation furnace," a furnace that us es either direct or indirect heat transfer to salvage nonferrous metals through the thermal destruction of solid waste materials;

(69) "PM2.5," particulate matter with an ae rodynamic diameter less than or equal to a nominal 2.5 micrometers as measured by an a pplicable reference or equivalent method;

(70) "SO2," sulfur dioxide;

(71) "NO2," nitrogen dioxide;

(72) "Construction permit," a wr itten authorization issued by the board or the secretary for the construction and operation of a new source or modification to an existing source; andA-14 (73) "Subject to regulation," as defined in 40 CFR § 70.2 (July 1, 2012), as revised in publication 75 Fed. Reg. 31607 (June 3, 2010), in accordance with EPA requirements. Subject to regulation means, for any air pollutant, that the pollutant is subject to either a provision in the Clean Air Act, or a nationally-applicable regulation codified by the Administrator in subchapter C of this chapter, that requires ac tual control of the quantity of emissions of that pollutant, and that such a control requi rement has taken effect and is operative to control, limit or restri ct the quantity of emissions of that pollutant released from the regulated activity. Greenhouse gases are not subject to regulation unless a PSD preconstruction permit is issued regulating greenhouse gases in accordance with chapter

74:36:09.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effectiv e December 7, 1975; transferred from § 34:10:01:01, 7 SDR 4, effective July 27, 1980; tr ansferred from § 44:10:01:01, effective July 1,
1981; 8 SDR 71, effective December 21, 1981; 10 SD R 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, effective November 24, 1987; 16 SDR 88,
effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:01, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23
SDR 106, effective December 29, 1996; 25 SD R 123, effective April 4, 1999; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effectiv e January 2, 2005; 32 SDR 209, effective June
13, 2006; 36 SDR 207, effective June 28, 2010; 37 SDR 182, effective April 20, 2011; 39 SDR
219, effective June 25, 2013. General Authority: SDCL 34A-1-6.A-15 Law Implemented: SDCL 34A-1-6.

Reference: Standard Industrial Classification Manual, 1987, Executive Office of the President, Office of Management and Budget. C opies may be obtained from National Technical Information Service, 5285 Port Royal Roa d, Springfield, Virginia 22161, order no. PB 87-
100012. Cost: $31.

74:36:01:05. Applicable requirement s of the Clean Air Act defined. Applicable requirements of the Clean Air Act include all of th e following as they apply to emissions units in
a Part 70 source, unless the context of the Clean Air Act requires otherwise:

(1) Any standard or other requirement provid ed for in the applicable implementation plan approved or promulgated by EPA through rulemaki ng under Title I of the Clean Air Act that implements the relevant requirements of the Clean Air Act, including any revisions to that plan promulgated in Part 52 of 40 C.F.R. ( July 1, 2012 July 1, 2014 );

(2) Any term or condition of any preconstruc tion permits issued purs uant to regulations approved through rulemaking under Title I, includ ing Parts C or D, of the Clean Air Act;

(3) Any standard or other requirement under § 111 of the Clean Air Act, including § 111(d);A-16 (4) Any standard or other requirement unde r § 112 of the Clean Air Act, including any requirement concerning accident prevention under § 112(r)(7) of the Clean Air Act;

(5) Any standard or other re quirement of the acid rain prog ram under Title IV of the Clean Air Act or the regulations promulgated under it;

(6) Any monitoring, reporting, and certifica tion requirements established pursuant to § 504(b) or 114(a)(3) of the Clean Air Act;

(7) Any standard or other requirement gove rning solid waste inci neration, under § 129 of
the Clean Air Act;

(8) Any standard or other requirement for consumer and commercial products, under § 183(e) of the Clean Air Act;

(9) Any standard or other requirement fo r tank vessels, under § 183(f) of the Clean Air
Act;

(10) Any standard or other requirement of the program to control air pollution from outer
continental shelf sources, under § 328 of the Clean Air Act;A-17 (11) Any standard or other requirement of the regulations pr omulgated to protect stratospheric ozone under Title VI of the Clean Air Act, unless th e administrator of the EPA has determined that such requirements need not be contained in a Part 70 operating permit; and

(12) Any national ambient air quality standa rd or increment or visibility requirement
under Part C of Title I of the Clean Air Act, but only as it would apply to temporary sources permitted pursuant to § 504(e) of the Clean Air Act.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 31 SDR 101, eff ective January 2, 2005; 32 SDR 209, effective
June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.

74:36:01:10. Modification defined. Modification is a physical change in or change in the method of operation of a s ource that results in at l east one of the following:

(1) An increase in the amount of an air polluta nt emitted by that source or in the emission of an air pollutant not previously emitted , except for an insignificant increase in allowable emissions as specified in § 74:36:01:10.01 ;

(2) A significant change to existing monitoring, reporting, or record keeping requirements in the permit;A-18 (3) The change requires or changes a case- by-case determination of an emission limit or other standard, a source-specific determination for temporary sources of ambient impacts, or a visibility or increment analysis; or

(4) The change seeks to esta blish or change a permit term or condition for which there is a corresponding underlying applicable requirement that the source has assumed to avoid an applicable requirement, a federally enforceable em issions cap assumed to avoid classification as a modification under any provision of Title I, or an alternative emissions limit approved pursuant to regulations promulgated under § 112(i)(5) of the Clean Air Act.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effectiv e December 7, 1975; transferred from § 34:10:01:01(18), 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:02, effective July 1, 1981; 8 SDR 71, effective December 21, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; tr ansferred from § 74:26:01:02, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 31 SDR 101, effective January 2, 2005; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.

74:36:01:10.01. Insignificant increase in al lowable emissions. An insignificant increase in allowable emissions is a physical ch ange or change in the method of operationA-19 that results in air emissions less than the follo wing amounts and the change does not trigger § 74:36:01:10(3) and (4):

(1) 10 tons per year of particulate matter; (2) 5 tons per year of PM10; (3) 3 tons per year of PM2.5; (4) 10 tons per year of sulfur dioxide; (5) 10 tons per year of nitrogen oxides; (6) 10 tons per year of carbon monoxide; (7) 5 tons per year of volatile organic compounds; (8) 0.1 tons per year of lead; (9) 1 ton per year of fluorides; (10) 2 tons per year of sulfuric acid mist; (11) 2 tons per year of hydrogen sulfide; (12) 2 tons per year of total reduced sulfur; (13) 2 tons per year reduced sulfur compounds; (14) 2 tons per year of munipa l waste combustor emissions; and (15) 10 tons per year of municipal solid waste landfill emissions (measured as nonmethane organic compounds).

Source: General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.A-20 74:36:01:20. Physical change in or chan ge in the method of operation defined. A physical change in or change in the method of operation does not include the following:

(1) Routine maintenance, repair, and replacement;

(2) Use of an alternative fuel or raw materi al because of an order under §§ 2(a) and (b) of the Energy Supply and Environmental Coordinati on Act of 1974, as amended and in effect on January 1, 1993, or because of a natural gas curt ailment plan pursuant to the Federal Power Act as in effect on January 1, 1993;

(3) Use of an alternative fuel because of an order or rule under § 125 of the Clean Air Act;

(4) Use at a steam generating unit of an alte rnative fuel that is generated from municipal
solid waste;

(5) An increase in the hours of operation or in the production rate, unless the change is prohibited under a federally enforceable permit c ondition which was established after January 6, 1975, pursuant to 40 C.F.R. § 52.21 ( July 1, 2012 July 1, 2014 ), or under regulations approved pursuant to 40 C.F.R. Part 51, S ubpart I, or 40 C.F.R. § 51.166 ( July 1, 2012 July 1, 2014 );

(6) Any change of ownership at a source;A-21 (7) The use of an alternative fuel or raw material by a source which the source was capable of accommodating before January 6, 1975, unless the change is prohibited under a federally enforceable permit condition which was established after January 6, 1975, pursuant to 40 C.F.R. § 52.21 ( July 1, 2012 July 1, 2014 ), or under regulations approved pursuant to 40 C.F.R. Part 51, Subpart I, or 40 C.F.R. § 51.166 ( July 1, 2012 July 1, 2014 ); and

(8) The use of an alternative fuel or ra w material which the s ource is approved to use under a permit issued under 40 C.F.R. § 52.21 ( July 1, 2012 July 1, 2014 ) or under regulations approved pursuant to 40 C.F.R. § 51.165 ( July 1, 2012 July 1, 2014 ).

Source: 25 SDR 123, effective April 4, 1999; 31 SD R 101, effective January 2, 2005; 32
SDR 209, effective June 13, 2006; 36 SDR 207, e ffective June 28, 2010; 39 SDR 219, effective
June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.

CHAPTER 74:36:02

AMBIENT AIR QUALITY

Section 74:36:02:01 Air quality goals.A-22 74:36:02:02 Ambient ai r quality standards. 74:36:02:03 Methods of sampling and analysis. 74:36:02:04 Air quality monitoring network. 74:36:02:05 Ambient air monitoring requirements.

74:36:02:02. Ambient air quality standards. The ambient air quality standards listed in 40 C.F.R. §§ 50.1 to 50.5, inclusive, ( July 1, 2012 July 1, 2014 ); 40 C.F.R. § 50.6 ( July 1, 2012 July 1, 2014 ); 40 C.F.R. § 50.7(a)(1), (b), and (c) ( July 1, 2012 July 1, 2014 ); 40 C.F.R. § 50.8 and 40 C.F.R. §§ 50.10 to 50.12, inclusive, ( July 1, 2012 July 1, 2014 ), define the types and levels of air pollution above which the ambien t air would limit the attainment of the goals specified in § 74:36:02:01. These standards apply to the entire state of South Dakota, and no person may cause these standards to be exceeded. The standards include normal background levels of air pollutants.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effectiv e December 7, 1975; transferred from § 34:10:02:02, 7 SDR 4, effective July 27, 1980; tr ansferred from § 44:10:02:02, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991;
transferred from § 74:26:02:02, 19 SDR 157, e ffective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 26 SDR 168, eff ective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207,
effective June 28, 2010; 39 SD R 219, effective June 25, 2013. General Authority: SDCL 34A-1-6, 34A-1-15.A-23 Law Implemented: SDCL 34A-1-15.

74:36:02:03. Methods of sampling and analysis. Air pollutants of particulate matter, sulfur dioxide, carbon monoxide, ozone, nitrogen di oxide, and lead listed in 40 C.F.R. Part 50 ( July 1, 2012 July 1, 2014 ) shall be measured by the referen ce method or methods stated in 40 C.F.R. Part 50, Appendix A to Appendix N, inclusive, ( July 1, 2012 July 1, 2014 ) or an equivalent method designated in ac cordance with 40 C.F.R. Part 53 ( July 1, 2012 July 1, 2014 ).

Source: SL 1975, ch 16, § 1; 2 SDR 40, effectiv e December 7, 1975; transferred from § 34:10:02:11, 7 SDR 4, effective July 27, 1980; tr ansferred from § 44:10:02:09, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:26:02:09, 19 SDR 157, effective April 22, 1993; 21 SDR 119, eff ective January 5, 1995; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effec tive January 2, 2005; 32
SDR 209, effective June 13, 2006; 36 SDR 207, e ffective June 28, 2010; 39 SDR 219, effective
June 25, 2013. General Authority: SDCL 34A-1-6, 34A-1-15. Law Implemented: SDCL 34A-1-15.

74:36:02:04. Air quality monitoring network. The department shall outline ambient air monitoring goals, changes, a nd network design in the air quality monitoring network. The department shall revise the air quality monito ring network as required by 40 C.F.R. § 58.20 ( July
1, 2012 July 1, 2014 ).A-24 Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 26 SDR 168, e ffective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13 , 2006; 36 SDR 207, effective June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6, 34A-1-15. Law Implemented: SDCL 34A-1-15.

74:36:02:05. Ambient air monitoring requirements. The operation of ambient air monitoring required by the department shall be consistent with 40 C.F.R. Part 58 ( July 1, 2012 July 1, 2014 ). Records of monitoring activ ities and results shall be retained for a minimum of three years.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 26 SDR 168, e ffective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13 , 2006; 36 SDR 207, effective June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6, 34A-1-15. Law Implemented: SDCL 34A-1-15.

CHAPTER 74:36:03

AIR QUALITY EPISODESA-25 Section 74:36:03:01 Air pollution emergency episode. 74:36:03:02 Episode emergency contingency plan.

74:36:03:01. Air pollution emergency episode. The proclamation of an air pollution emergency episode and its extent shall be made by the secretary, using the criteria in 40 C.F.R. § 51.151 and Appendix L to Part 51 ( July 1, 2012 July 1, 2014 ), if the accumulation of air pollutants in any place is attaining or has attained levels which could, if such levels are sustained
or exceeded, lead to a substantial th reat to the health of the public.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effectiv e December 7, 1975; transferred from § 34:10:02:22, 7 SDR 4, effective July 27, 1980; tr ansferred from § 44:10:02:17, effective July 1,
1981; 13 SDR 129, 13 SDR 141, effective Ju ly 1, 1987; transferred from § 74:26:02:17, 19 SDR 157, effective April 22, 1993; 21 SDR 119, eff ective January 5, 1995; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13 , 2006; 36 SDR 207, effective June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6, 34A-1-15. Law Implemented: SDCL 34A-1-15.

74:36:03:02. Episode emergency contingency plan. The department shall develop an episode emergency contingency plan and mainta in it following the requirements in 40 C.F.R.A-26 § 51.152 ( July 1, 2012 July 1, 2014 ). The department shall reevaluate the contingency plan in accordance with the requirements in 40 C.F.R. § 51.153 ( July 1, 2012 July 1, 2014 ).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207,
effective June 28, 2010; 39 SD R 219, effective June 25, 2013. General Authority: SDCL 34A-1-6, 34A-1-15. Law Implemented: SDCL 34A-1-15.

CHAPTER 74:36:04

OPERATING PERMITS FOR MINOR SOURCES

Section 74:36:04:01 Applicability.

74:36:04:02 Minor source operating pe rmit required.

74:36:04:02.01 Minor source operating permit exemption. 74:36:04:03 Emission unit exemptions. 74:36:04:03.01 Repealed.

74:36:04:04 Standard for issu ance o a minor source operating permit. 74:36:04:05 Time period for operating permits and renewals. 74:36:04:06 Timely and complete application for operating permit required.A-27 74:36:04:07 Required contents of co mplete application for operating permit. 74:36:04:08 Applicant required to supplement or correct application. 74:36:04:09 Permit application -- Completeness review. 74:36:04:10 Time period for department's recommendation. 74:36:04:11 Repealed. 74:36:04:12 Public participation in permitting process. 74:36:04:12.01 Public review of department's draft permit. 74:36:04:13 Final permit deci sion -- Notice to interested persons. 74:36:04:14 Right to peti tion for contested case hearing. 74:36:04:15 Contents of operating permit. 74:36:04:16 Operating permit expiration. 74:36:04:17 Renewal of operating permit. 74:36:04:18 Operating permit revision. 74:36:04:19 Administrative permit amendment. 74:36:04:20 Procedures for administrative permit amendments. 74:36:04:20.01 Minor permit amendment required. 74:36:04:20.02 Requirements for minor permit amendment. 74:36:04:20.03 Application for minor permit amendment. 74:36:04:20.04 Department deadline to approve minor permit amendment.

74:36:04:21 Permit modifications. 74:36:04:21.01 Alternative p ermit modification procedure.

74:36:04:22 Source status change -- New permit required. 74:36:04:23 Reopening operating permit for cause.A-28 74:36:04:24 Procedures to reopen operating permit. 74:36:04:25 and 74:36:04:26 Repealed. 74:36:04:27 Operating permit termination, revision, and revocation. 74:36:04:28 Notice of operating noncompliance -- Contents.

74:36:04:29 Petition for cont ested case on alle ged violation. 74:36:04:30 Repealed.

74:36:04:31 Circumvention of emissions not allowed. 74:36:04:32 General permits. 74:36:04:33 Secretary may require an individual permit.

74:36:04:03. Emission unit exemptions. The following emission units are exempt from inclusion in a minor source operating permit unless the source has requested federally enforceable permit conditions related to the emi ssion unit to avoid needing a Part 70 operating permit, PSD preconstruction permit, or NSR preconstruction permit , or the emission unit is applicable to a standard in chapter 74:36:07 or 74:36:08 :

(1) One or more incinerators of less than 100 pounds per hour combined burning capacity that combust municipal or household waste; (2) A mobile internal combustion engine, including those in autos, trucks, tractors, airplanes, locomotives, and boats; (3) Laboratory equipment used exclusively for chemical or physical analysis;A-29 (4) A unit that has a heat input capability of not more than 3,500,000 Btus per hour, except
for units fueled with wood or coal; (5) An air conditioning or ventilating system not designed to remove air pollutants from equipment; (6) Routine housekeeping or pl ant upkeep activities such as painting buildings, retarring roofs, or paving parking lots; and (7) A unit that has the potential to emit two tons or less per year of any criteria pollutant before the application of control equipment. Howe ver, the criteria pollutant emissions from the unit must be included in determining whether the source is a minor source.

An emission unit that is exempt from perm itting must still meet the visible emission
restriction in § 74:36:12:01.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effectiv e December 7, 1975; transferred from § 34:10:01:16, 7 SDR 4, effective July 27, 1980; tr ansferred from § 44:10:01:25, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991;
transferred from § 74:26:01:25, 19 SDR 157, e ffective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, eff ective December 29, 1996; 25 SDR 123, effective April 4, 1999; 31 SDR 101, effective January 2, 2005; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-19, 34A-1-21.A-30 Cross-References: Operating permits for Part 70 sour ces, ch 74:36:05; Prevention of significant deterior ation, ch 74:36:09.

74:36:04:04. Standard for issuance of a minor source operating permit. An operating permit for a source or permit revision may be issu ed only if it has been shown that the operation of the source or permit revision will not prevent or interfere with the attainment or maintenance of an applicable national ambient air quality standard. Compliance with this requirement as determined by air pollution dispersion modeling is not affected by stack height that exceeds good engineering practice or by any other dispersion technique as defined in 40 C.F.R. § 51.100 ( July
1, 2012 July 1, 2014 ). Each source must comply with emission limits and other requirements of

the act and the Clean Air Act. The minor s ource operating permit must include reasonable conditions, including adherence to plans and specifications, to a ssure compliance with the act, the Clean Air Act, and any other co nditions justified under SDCL 34A-1-19.

Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:08.02; transferred from § 44:10:01:12, effective July 1, 1981; 10 SDR 68, effective January 5, 1984; 12 SDR 183, effective May 21, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 72,
effective November 24, 1987; 16 SDR 88, effec tive November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:12, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effec tive January 2, 2005; 32 SDR 209, effective
June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6, 34A-1-19, 34A-1-21. Law Implemented: SDCL 34A-1-19, 34A-1-21.A-31 74:36:04:21.01. Procedures for an insignif icant increase in allowable emissions. The department shall take the following final acti on on the proposed insignificant increase in allowable emissions within 90 days after receip t of a complete application for the permit

revision:

(1) Issue the permit revision as proposed; (2) Deny the application for a permit revision; or (3) Determine the requested permit revis ion should be processed as a permit

modification.

The secretary shall issue the permit revision for an insignificant increase in allowable emissions without the procedural requireme nts applicable to obtaining a permit

modification.

Source: General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.

CHAPTER 74:36:05

OPERATING PERMITS FOR PART 70 SOURCESA-32 Section 74:36:05:01 Applicability. 74:36:05:02 Part 70 operating permit required. 74:36:05:03 Sources required to obtain a Part 70 operating permit. 74:36:05:03.01 Repealed. 74:36:05:04 Sources exempt from obtaining a Part 70 operating permit.

74:36:05:04.01 Insi gnificant activities.

74:36:05:05 Transferred.

74:36:05:06 Standard fo r issuance of a Part 70 permit. 74:36:05:06.01 Fees required for operating permit. 74:36:05:07 Time period for operating permits and renewals. 74:36:05:08 Timely and complete application for operating permit required.

74:36:05:09 Co mplete application.

74:36:05:10 and 74:36:05:11 Transferred. 74:36:05:12 Required conten ts of complete application. 74:36:05:13 Applicant required to supplement or correct application. 74:36:05:14 Repealed.

74:36:05:15 Deadline for fi nal action on permit application. 74:36:05:16 Statement of basis for recommended permit conditions. 74:36:05:16.01 Operating permit requirements. 74:36:05:17 Public participation in permitting process.

74:36:05:18 Public and affect ed state review of draft permit.A-33 74:36:05:19 Transferred. 74:36:05:20 Repealed. 74:36:05:20.01 Final permit decisi on -- Notice to interested persons.

74:36:05:20.02 Petitions fo r contested case hearing.

74:36:05:20.03 EPA review of Part 70 operating permit. 74:36:05:21 EPA objection to issuance of operating permit. 74:36:05:21.01 Department response to EPA objection. 74:36:05:22 Department failu re to meet EPA objection deadline. 74:36:05:23 Public petition to EPA on the final permit. 74:36:05:24 Repealed.

74:36:05:25 to 74:36:05:27 Transferred. 74:36:05:28 Permit expiration.

74:36:05:29 Permit renewal. 74:36:05:30 Permit flexibility. 74:36:05:31 Permit amendment -- Application required.

74:36:05:32 Administrati ve permit amendment required. 74:36:05:33 Procedure for administrative permit amendments. 74:36:05:34 Minor permit amendment required. 74:36:05:35 Requirements for minor permit amendments. 74:36:05:36 Application for minor permit amendment.

74:36:05:37 Notification of EPA and affected states required. 74:36:05:38 Department deadline to approve minor permit amendment.

74:36:05:39 Permit modifications.A-34 74:36:05:39.01 Alternative p ermit modification procedure. 74:36:05:40 Reopening operating permit for cause. 74:36:05:41 Procedures to reopen permit. 74:36:05:42 Reopening permit for cause by EPA. 74:36:05:43 EPA review of proposed determination. 74:36:05:44 Department failure to submit proposed determination. 74:36:05:45 Repealed.
74:36:05:46 Permit termination, modification, revocation, and reissuance by department. 74:36:05:47 Notice of operating noncompliance -- Contents.

74:36:05:47.01 Circumvention of emissions not allowed.

74:36:05:48 Petition for cont ested case on alle ged violation. 74:36:05:49 Repealed. 74:36:05:50 Federal enforceability of permit conditions. 74:36:05:51 General permits. 74:36:05:52 Secretary may require an individual permit.

74:36:05:04. Sources exempt from obtaining a Part 70 operating permit. The following sources are exempt from ob taining a Part 70 operating permit:

(1) All sources that are not included in § 74:36:05:03;A-35 (2) Sources that operate a unit subject to 40 C.F.R. 60, Subpart AAA-Standards of Performance for New Residential Wood Heaters ( July 1, 2012 July 1, 2014 ) are exempt from the obligation to obtain a Part 70 opera ting permit if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart AAA. Exempted sources must still meet the applicable requirements in Subpart AAA; or

(3) Sources that operate a unit subject to 40 C.F.R. § 61.145, Standard for Demolition and Renovation ( July 1, 2012 July 1, 2014 ) are exempt from the oblig ation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason

other than the source is s ubject to 40 C.F.R. § 61.145 ( July 1, 2012 July 1, 2014 ). Exempted sources must still meet the applicable requirements in 40 C.F.R. § 61.145 ( July 1, 2012 July 1,

2014 ).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207,
effective June 28, 2010; 39 SD R 219, effective June 25, 2013. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-12, 34A-1-21.

74:36:05:04.01. Insignificant activities. The following emission units are considered insignificant activities and are ex empt from inclusion in a Part 70 operating permit unless the source has requested federally-enforceable permit c onditions related to the insignificant activityA-36 to avoid needing a PSD preconstructi on permit or NSR preconstruction permit or the emission unit is applicable to a standard in chapter 74:36:07 or 74:36:08 :

(1) One or more incinerators of less than 100 pounds per hour combined burning capacity that combust municipal or household waste; (2) A mobile internal combustion engine, including engines in autos, trucks, tractors, airplanes, locomotives, and boats; (3) Laboratory equipment used exclusively for chemical or physical analysis; (4) A unit that has a heat input capability of not more than 3,500,000 Btus per hour, except
for units fueled with wood or coal; (5) An air conditioning or ventilating system not designed to remove air pollutants from equipment; (6) Routine housekeeping or pl ant upkeep activities such as painting buildings, retarring roofs, or paving parking lots; (7) A unit that has the potential to emit two tons or less per year of any criteria pollutant before the application of control equipment. Howe ver, the criteria pollutant emissions from the unit must be included in determining wh ether the source is a major source; and (8) A unit that has the potential to emit tw o tons or less per year of any hazardous air pollutant. However, the hazardous air pollutant emissions from the unit must be included in determining whether the source is a major source. A unit may not be considered insignificant if a state or federal limit is applicable to the unit.A-37 However, insignificant activities exempted because of size or production rate must be identified in the Part 70 operating permit applic ation. An application may not omit information needed to determine the applicability of or to impose an applicable requirement.

Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 31 SDR 101, effective January 2, 2005; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-12, 34A-1-21.

74:36:05:06. Standard for issuance of a Part 70 operating permit. A Part 70 operating permit for a source or permit revision may be issu ed only if it has been shown that the operation of the source or permit revision will not prevent or interfere with the attainment or maintenance of an applicable ambient air quality standard. Compliance with this requirement as determined by air pollution dispersion modeling is not a ffected by stack height that exceeds good engineering practice or by any other dispersion technique as defined in 40 C.F.R. § 51.100 ( July
1, 2012 July 1, 2014 ). Each source must comply with emission limits and other requirements of the act and the Clean Air Act. A Part 70 ope rating permit must include reasonable conditions, including adherence to plans and specifications, to assure compliance with the act, the Clean Air Act, and any other conditions justified under SDCL 34A-1-19.

Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:08.02; transferred from § 44:10:01:12, effective July 1, 1981; 10 SDR 68, effective January 5, 1984; 12 SDR 183, effective May 21, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 72,A-38 effective November 24, 1987; 16 SDR 88, effec tive November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:12, 19 SDR 157, effective April 22, 1993; 20 SDR 125, effective February 9, 1994; 21 SDR 119, eff ective January 5, 1995; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13 , 2006; 36 SDR 207, effective June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6, 34A-1-19, 34A-1-21. Law Implemented: SDCL 34A-1-19, 34A-1-21.

74:36:05:16.01. Operating permit requirements. Each permit issued for the operation

of a Part 70 source must contain:

(1) The name of the person, company, politic al subdivision, agency, or institution granted a permit;

(2) The type of operation;

(3) The facility and mailing address;

(4) The date the operating permit was granted and on which it will expire;

(5) A number for administrative reference;

(6) The name of a designated person or officer responsible for the source's operation;A-39 (7) A statement granting an operating permit by the board or secretary and any conditions that the board or secretary may impose to ensure compliance with the act and the Clean Air Act;

(8) Emission limits and standards, includi ng operational requireme nts and limits for all regulated emission units, necessary to assure comp liance with applicable requirements of the act

and the Clean Air Act and including the following:

(a) The reference of authority for each term or condition;

(b) The applicable requirements from the Clean Air Act and from Title IV requirements of the Clean Air Act, reviewing both requireme nts and distinguishing wh ich is more stringent and incorporating both into the permit; and

(c) If an alternative emission limit is a pproved in the state imple mentation plan (SIP), provisions to ensure that the alternative emission limit in the permit issuance, renewal, or permit modification process has been demo nstrated to be equivalent to the applicable emission limit in the state implementation plan and is quantifia ble, accountable, enforceable, and based on replicable procedures;

(9) Monitoring and related r ecord keeping and reporting requi rements, consisting of at least the following:A-40 (a) All emissions monitoring and analysis procedures, alternative approved methods or test methods required under the applicable requ irements, including procedures and methods in § 504(b) or 114(a)(3) of the Clean Air Act;

(b) If the applicable requirement does not require periodic testing or instrumental or noninstrumental monitoring, periodic monitoring sufficient to yield reliable data from the relevant time period that are representative of the source's compliance with the permit. Such monitoring requirements must assure use of term s, test methods, units, averaging periods, and

other statistical conventions consiste nt with the applicable requirement;

(c) As necessary, documentation of th e use, maintenance, and if appropriate, installation of monitoring equipment or methods;

(d) Documentation of the following:

(i) The date, place as defined in the permit, and time of sampling or

measurements; (ii) The date or dates analyses were performed; (iii) The company or entity that performed the analyses; (iv) The analytical techniques or methods used; (v) The results of such analyses; and (vi) The operating conditions as existing at the time of sampling or

measurement;A-41 (e) Record keeping and reporting require ments that comply with the following:

(i) Submission of reports of any requi red monitoring must occur at least every six months. Reports must clearly identify all de viations from permit requirements and conditions. All required reports must be certif ied by a responsible official; and

(ii) Deviations from permit requirements, including those attributable to upset conditions as defined in the permit, the probabl e cause of such deviations and any corrective actions or preventive measures taken must be promptly reported and ce rtified by a responsible
official; and

(f) Requirements for retention of mon itoring records and all supporting documentation for at least five years from the date of th e monitoring sample, m easurement, report, or application; and

(10) If applicable, a condition prohibiting emissions exceeding any allowances that the source lawfully holds, exceedances of applicable emission rates, and the use of any allowance prior to the year for which it was allocated unde r the Title IV program of the Clean Air Act;

(11) A severability clause asserting the co ntinued validity of permit requirements if any portions of the permit are challenged;A-42 (12) Provisions stating the following:

(a) The permittee must comply with all conditions of the permit. Any permit noncompliance constitutes a violation and is grounds for enforcement action, permit termination, revocation and reissuance, permit revision, or denial of a permit renewal application;

(b) A permittee in an enforcement action may not use the defense that it would have been necessary to cease or reduce the permitte d activity in order to maintain compliance;

(c) The permit may be revised, revoked and reissued, reopened, or terminated for cause. The filing of a request by the permittee for a permit revision, revocation and reissuance, or

termination or of a notification of planned changes or anticipa ted noncompliance does not stay any permit condition;

(d) The permit does not convey property right s of any sort or any exclusive privilege;

and

(e) The permittee must provide any inform ation, including records, requested in writing by the department to determine whether cause exists for revising, revoking and reissuing, reopening, or terminating the perm it or to determine compliance;

(13) Terms and conditions for reasonably anticipated operating scen arios identified by the source in its application and a pproved by the department. The term s and conditions must requireA-43 the source, contemporaneously with making a change from one operating scenario to another, to record in a log at the permitted facility a record of the scenar io under which it is operating and

must ensure that the terms and c onditions of each such alternative scenario meet all requirements
of the Clean Air Act;

(14) Compliance requirement s that contain the following:

(a) A compliance certification and test ing, monitoring, reporting, and recordkeeping requirements sufficient to assure compliance with the terms and conditions of the permit. All documents, including reports, requi red by the permit must be certifie d by a responsible official consistent with subdivision 74:36:05:12(17). Th e compliance certifica tion must be submitted annually from the date of permit i ssuance to the department and EPA;

(b) Inspection and entry requirements that require the permittee to allow the department or an authorized representative to perform the following:

(1) Enter upon the permittee's premises where a Part 70 source is located or emissions-related activity is conducte d or where records must be ke pt under the conditions of the permit;

(2) Have access to and copy, at reasona ble times, any records that must be kept under the conditions of the permit;A-44 (3) Inspect at reasonable times any facilities, equipment, practices, or operations regulated or required under the permit; and

(4) As authorized by the Clean Air Ac t, sample or monitor at reasonable times substances or parameters for the purpose of a ssuring compliance with the permit or applicable requirements;

(c) A compliance plan in accordance with subdivision 74:36: 05:12(15), including progress reports on noncompliance indicating the da tes that compliance will be achieved or the dates that compliance was achieved as referred to in a schedule of compliance. The report must state an explanation for not attaining dates of compliance and must be submitted to the department semiannually or more freque ntly as required by the department; and

(d) A compliance certifi cation in accordance with subdivision 74:36:05:12(16);

(15) A condition requiring a Part 70 source to pay any required fees;

(16) A condition stating that no permit revi sions are required for increases in emissions allowed through emissions trading to the extent that such trades are authorized by the applicable requirements of the Clean Air Act;

(17) Any provisions the department uses to issue general permits that are in accordance with 40 C.F.R. Part 70.6(d) ( July 1, 2012 July 1, 2014 );A-45 (18) Provisions for permit emission exceedances due to emergencies that are in accordance with the requirements in 40 C.F.R. Part 70.6(g) ( July 1, 2012 July 1, 2014 ); and

(19) All applicable requirements of the Clean Air Act.

Source: 19 SDR 157, effective April 22, 1993; tr ansferred from § 74:36:05:27, 20 SDR 125, effective February 9, 1994; 21 SDR 119, eff ective January 5, 1995; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13 , 2006; 36 SDR 207, effective June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-12, 34A-1-21.

74:36:05:39.01. Procedures for an insignif icant increase in allowable emissions. The department shall take the following final acti on on the proposed insignificant increase in allowable emissions within 90 days after receip t of a complete application for the permit revision or 15 days after the end of EPA’s 45-day review period, whichever is later:

(1) Issue the permit revision as proposed; (2) Deny the application for a permit revision; or (3) Determine the requested permit revis ion should be processed as a permit

modification.A-46 The department is not required to public no tice an insignificant increase in allowable emissions; but the final permit decision for an insignificant increase in allowable emissions

must be submitted to EPA fo r a 45-day review. The depar tment may not issue a final permit for an insignificant increase in allowable emissions until after EPA’s 45-day review or until EPA has notified the department that EPA will not object to the issuance of the permit revision.

Source: General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.

CHAPTER 74:36:07

NEW SOURCE PERFORMANCE STANDARDS

Section 74:36:07:01 New source performance standards. 74:36:07:02 Standards of performance fo r fossil fuel-fired steam generators. 74:36:07:03 Standards of performance fo r electric utility steam generators. 74:36:07:04 Standards of performance for indus trial, commercial, and institutional steam generating units.A-47 74:36:07:05 Standards of performance for small industrial, commercial, and institutional steam generating units. 74:36:07:06 Standards of pe rformance for incinerators. 74:36:07:06.01Standards of performance for hospital/medical/infectious waste incinerators
constructed on or before June 20, 1996. 74:36:07:06.02 Standards of performance for hospita l/medical/infectious waste incinerators for
which construction is commenced after June 20, 1996. 74:36:07:07 Standards of performanc e for municipal waste combustors. 74:36:07:07.01 Standards of performance for munici pal combustors constructed after September
20, 1994. 74:36:07:08 Ash disposal requirements. 74:36:07:09 Standards of performance for portland cement plants. 74:36:07:10 Standards of performa nce for asphalt concrete plants. 74:36:07:11 Repealed. 74:36:07:12 Standards of performance for storag e vessels of petroleum liquids constructed after June 11, 1973, and before May 19, 1978. 74:36:07:13 Standards of perfor mance for storage vessels of petroleum liquids constructed after May 18, 1978, and before July 24, 1984. 74:36:07:14 Standards of performance for volat ile organic liquid stor age vessels (including petroleum liquid storage vessels) for wh ich construction, reconstruction, or modification commenced after July 23, 1984. 74:36:07:15 Standards of performance for sewage treatment plants. 74:36:07:16 Standards of performance for coal preparation plants.A-48 74:36:07:17 Standards of perf ormance for grain elevators. 74:36:07:18 Standards of performance for stationary gas turbines. 74:36:07:19 Standards of performa nce for lime manufacturing plants. 74:36:07:20 Standards of performance fo r metallic mineral processing plants.

74:36:07:21 Standards of performance for pressu re-sensitive tape a nd label surface coating operations. 74:36:07:22 Standards of performance for equi pment leaks of VOC in the synthetic organic chemicals manufacturing industry. 74:36:07:22.01 Standards of performance for equipm ent leaks of VOC in the synthetic organic chemicals manufacturing industry for which construction, reconstruction, or
modification commenced after November 7, 2006. 74:36:07:23 Standards of performa nce for bulk gasoline terminals. 74:36:07:24 Standards of performanc e for new residential wood heaters. 74:36:07:25 Standards of performa nce for petroleum dry cleaners. 74:36:07:26 Standards of performance for VOC emissions from synthetic organic chemical manufacturing industry (SOC MI) distillation operations. 74:36:07:27 Standards of performance fo r nonmetallic mineral processing plants. 74:36:07:28 Standards of performance for magnetic tape coating facilities. 74:36:07:29 Operating requirement s for wire reclamation furnaces. 74:36:07:30 Monitoring requirement s for wire reclamation furnaces. 74:36:07:31 Standards of performance for grap hic arts industry -- Publication rotogravure printing.A-49 74:36:07:32 Standards of performance for vola tile organic compound emissions from synthetic organic chemical manufacturing indu stry (SOCMI) reactor processes. 74:36:07:33 Standards of performance for cal ciners and dryers in mineral industries. 74:36:07:34 Existing munici pal solid waste landfill. 74:36:07:35 Plan submittal by existing municipal solid waste landfills. 74:36:07:36 Collection system. 74:36:07:37 Control system. 74:36:07:38 Compliance schedule for exis ting municipal solid waste landfills. 74:36:07:39 Existing municipal solid waste landf ill operational standards for collection and control systems. 74:36:07:40 Existing municipal solid waste landfill compliance provisions. 74:36:07:41 Existing municipal solid wa ste landfill monitoring provisions. 74:36:07:42 Existing municipal solid wast e landfill reporting a nd recordkeeping. 74:36:07:42.01 Additional reporting for exis ting municipal solid waste landfills. 74:36:07:43 Standards of performance fo r new municipal solid waste landfills. 74:36:07:44 Standards of performance for nitric acid plants. 74:36:07:45 Standards of performance for sulfuric acid plants. 74:36:07:46 Standards of perfor mance for petroleum refineries. 74:36:07:46.01 Standards of performance for petr oleum refineries for which construction, reconstruction, or modification commenced after May 14, 2007. 74:36:07:47 Standards of performa nce for secondary lead smelters. 74:36:07:48 Standards of performance for s econdary brass and bron ze production plants.A-50 74:36:07:49 Standards of performance for primary emissions from basic oxygen process
furnaces for which construction commenced after June 11, 1973. 74:36:07:50 Standards of performance for se condary emissions from basic oxygen process s teelmaking facilities for which cons truction commenced after January 20, 1983. 74:36:07:51 Standards of performa nce for primary copper smelter. 74:36:07:52 Standards of performance for primary zinc smelter. 74:36:07:53 Standards of performance for primary lead smelter. 74:36:07:54 Standards of performance for primary aluminum reduction plant. 74:36:07:55 Standards of performance fo r wet-process phosphoric acid plant. 74:36:07:56 Standards of performa nce for superphosphoric acid plant. 74:36:07:57 Standards of performanc e for diammonium phosphate plant. 74:36:07:58 Standards of performanc e for triple supe rphosphate plant. 74:36:07:59 Standards of performance for gra nular triple superphos phate storage facility. 74:36:07:60 Standards of performanc e for ferroalloy production plant. 74:36:07:61 Standards of performance for electric arc furnaces and argon-oxygen

decarburization vessels cons tructed after August 17, 1983. 74:36:07:62 Standards of performance for kraft pulp mills. 74:36:07:63 Standards of performanc e for glass manufacturing plant. 74:36:07:64 Standards of performance fo r surface coating of metal furniture. 74:36:07:65 Standards of performance fo r lead-acid battery manufacturing plant.

74:36:07:66 Standards of performance for auto mobile and light duty truck surface coating operations. 74:36:07:67 Standards of performance for phosphate rock plants.A-51 74:36:07:68 Standards of performance for ammonium sulfate manufacture. 74:36:07:69 Standards of performance for i ndustrial surface coating -- Large appliances. 74:36:07:70 Standards of performanc e for metal coil surface coating. 74:36:07:71 Standards of performance fo r asphalt processing and asphalt roofing

manufacture. 74:36:07:72 Standards of performance for beverage can surfa ce coating industry. 74:36:07:73 Standards of performanc e for rubber tire manufacturing industry. 74:36:07:74 Standards of performance for volatile organic compound emissions from polymer manufacturing industry. 74:36:07:75 Standards of performance for flexib le vinyl and urethane coating and printing. 74:36:07:76 Standards of performance for equi pment leaks of VOC in petroleum refineries. 74:36:07:76.01 Standards of performance for equipm ent leaks of VOC in petroleum refineries. 74:36:07:77 Standards of performance fo r synthetic fiber production facility. 74:36:07:78 Standards of performance for VOC emissions from synthetic organic chemical manufacturing industry air oxidation unit process. 74:36:07:79 Standards of performance for equi pment leaks of VOC from onshore natural gas processing plant. 74:36:07:80 Standards of performanc e for onshore natural gas processing. 74:36:07:81 Standards of performance for wool fiberglass insulation manufacturing plant. 74:36:07:82 Standards of performance for VOC emissions from petroleum refinery
wastewater system. 74:36:07:83 Standards of performance for i ndustrial surface coati ng -- Surface coating of plastic parts for business machines.A-52 74:36:07:84 Standards of performance for polymer ic coating of supporting substrates facility. 74:36:07:85 Standards of performance for sma ll municipal waste combustion units for which construction commenced after August 30, 1999, or modification or
reconstruction commenced after June 6, 2001. 74:36:07:86 Standards of performance for commer cial and industrial solid waste incineration

units for which construction commen ced after November 30, 1999, or

modification or reconstruction co mmenced on or after June 1, 2001. 74:36:07:87 Standards of performance for ot her solid waste incineration units for which
construction commenced after December 9, 2004, or modification or
reconstruction commenced on or after June 16, 2006. 74:36:07:88 Standards of performance for stationary compression ignition internal combustion engines. 74:36:07:89 Standards of performance for stationary combustion turbines. 74:36:07:90 Standards of perf ormance for stationary spark ignition internal combustion engines. 74:36:07:91 Standards of performance for nitric acid plants fo r which construction, r
reconstruction, or modification commenced after October 14, 2011. 74:36:07:92 Standards of performance fo r new sewage sludge incineration units. 74:36:07:93 Standards of performance for crude oil and natural gas production,

transmission and distribution.A-53 74:36:07:01. New source performance standards. The general provisions for new source performance standards are those in 40 C.F.R. §§ 60.1 to 60.19, inclusive, ( July 1, 2012 July 1, 2014 ). For the purposes of this chapter, "administrator" means the secretary, except for those authorities that cannot be delegated to the state, in which case "administrator" means both

the administrator of the Environmenta l Protection Agency and the secretary.

Source: 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; tran sferred from § 74:26:08:43, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effec tive January 5, 1995; 23 SDR 106, effective
December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR
217, effective June 13, 2007; 36 SDR 207, effectiv e June 28, 2010; 39 SDR 219, effective June
25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:02. Standards of performance for fossil fuel-fired steam generators. The standards of performance for foss il fuel-fired steam generators are those in 40 C.F.R. §§ 60.40 to 60.46, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991;
transferred from § 74:26:09:07, 19 SDR 157, ef fective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective Decemb er 29, 1996; 26 SDR 168, effective June 27,A-54 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR
209, effective June 13, 2006; 33 SDR 217, effectiv e June 13, 2007; 36 SDR 207, effective June
28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:03. Standards of performance for electric utility steam generators. The standards of performance for electric utility st eam generators are those in 40 C.F.R. § 60, Subpart Da ( July 1, 2012 July 1, 2014 ).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991;
transferred from § 74:26:10:15, 19 SDR 157, ef fective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective Decemb er 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR
209, effective June 13, 2006; 33 SDR 217, effectiv e June 13, 2007; 36 SDR 207, effective June
28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:04. Standards of performance for industrial, commercial, and institutional steam generating units. The standards of performance for industrial, commercial, and institutional steam generating units are those in 40 C.F.R. §§ 60.40b to 60.49b, inclusive, ( July 1,

2012 July 1, 2014 ).A-55 Source: 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991;
transferred from § 74:26:24:01, 19 SDR 157, ef fective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective Decemb er 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR
209, effective June 13, 2006; 33 SDR 217, effectiv e June 13, 2007; 36 SDR 207, effective June
28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:05. Standards of performance for small industrial, commercial, and institutional steam generating units. The standards of performa nce for small industrial,
commercial, and institutional st eam generating units are those in 40 C.F.R. §§ 60.40c to 60.48c, inclusive, ( July 1, 2012 July 1, 2014 ). A source that operates a unit subject to 40 C.F.R. §§ 60.40c to 60.48c, inclusive, ( July 1, 2012 July 1, 2014 ) is exempt from the obligation to obtain a Part 70 operating permit, if the source bur ns solely natural gas or propane and is not required to obtain a Part 70 operating permit for a reason other than the source is subject to 40 C.F.R. §§ 60.40c to 60.48c, inclusive, ( July 1, 2012 July 1, 2014 ). Exempted sources must still meet the applicable requirements in 40 C.F.R. §§ 60.40c to 60.48c, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23
SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effec tive January 2, 2005; 32 SDR 209, effective JuneA-56 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:06. Standards of performance for incinerators. The standards of performance for incinerators are those in 40 C.F.R. §§ 60.50 to 60.54, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991;
transferred from § 74:26:11:06, 19 SDR 157, ef fective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR
217, effective June 13, 2007; 36 SDR 207, effectiv e June 28, 2010; 39 SDR 219, effective June
25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:06.01. Standards of performance for hospital/medical/infectious waste incinerators constructed on or before June 20, 1996. 40 C.F.R. Part 60, Subpart Ce ( July 1,

2012 July 1, 2014 ), is incorporated into this rule by reference. Designated facilities under Subpart Ce shall comply with the requirements for state plan approval in 40 C.F.R. §§ 60.32e to 60.38e, inclusive, ( July 1, 2012 July 1, 2014 ).A-57 The owner or operator of a hospital/medical/in fectious waste incinerator constructed on or before June 20, 1996, that decides to cease operat ion shall notify the department within six months of EPA's approval of the state plan fo r hospital/medical/infectious waste incinerators. The written notification shall inform the department of when the unit will be shutdown. The shutdown date may not exceed one year afte r EPA's approval of the state plan for hospital/medical/infectious waste incinerators.

The owner or operator of a hospital/medical/in fectious waste incinerator constructed on or before June 20, 1996, that decides to comply with the requirements of this section shall submit a compliance plan within six months of state pl an approval that meets the following deadlines:

(1) Submit a Part 70 operating permit applicat ion and design drawings of the air pollution control device to the department with in one year of state plan approval;

(2) Submit a copy of the purchase order or other documentation i ndicating an order has been placed for the major components of the ai r pollution control device within 15 months of state plan approval;

(3) Begin initiation of site preparation for installation of the air pollution control device within 2 years after state plan approval;

(4) Complete installation of the air pollution control device within 30 months after state plan approval; andA-58 (5) Conduct a performance test within 33 months after state plan approval.

The owner or operator shall comply with 40 C.F.R. §§ 60.34e and 60.36e ( July 1, 2012 July 1, 2014 ) within one year after state plan approval. The owner or operato r shall comply with the remaining requirements in this section with in three years after state plan approval or by September 15, 2002, whichever is earlier.

Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209,
effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,
2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:06.02. Standards of performance for hospital/medical/infectious waste

incinerators for which constructi on is commenced after June 20, 1996. The standards of performance for hospital/medical/infectious wast e incinerators constructed after June 20, 1996, are those in 40 C.F.R. §§ 60.50c to 60.58c ( July 1, 2012 July 1, 2014 ).

Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209,A-59 effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,
2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:07. Standards of performan ce for municipal waste combustors. The standards of performance for municipal waste co mbustors are those in 40 C.F.R. §§ 60.50a to 60.59a, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 17 SDR 69, effective November 22, 1990; 17 SDR 170, effective May 13, 1991;
18 SDR 90, effective November 24, 1991; transferred from § 74: 26:26:01, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29,
1996; 26 SDR 168, effective June 27, 2000; 30 SD R 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effectiv e June 13, 2006; 33 SDR 217, effective June
13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:07.01. Standards of performance for municipal combustors constructed after September 20, 1994. The standards of performance for municipal waste combustors constructed after September 20, 1994 , or modified or reconstructe d after June 19, 1996, are those in 40 C.F.R. §§ 60.50b to 60.59b, inclusive, ( July 1, 2012 July 1, 2014 ).A-60 Source: 23 SDR 106, effective December 29. 19 96; 25 SDR 123, effective April 4, 1999;
26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13,
2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:09. Standards of performa nce for portland cement plants. The standards of performance for portland cement plants are those in 40 C.F.R. §§ 60.60 to 60.66, inclusive, ( July
1, 2012 July 1, 2014 ).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991;
transferred from § 74:26:12:06, 19 SDR 157, ef fective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective Decemb er 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR
209, effective June 13, 2006; 33 SDR 217, effectiv e June 13, 2007; 36 SDR 207, effective June
28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:10. Standards of performance for asphalt concrete plants. The standards of performance for asphalt concrete plants are those in 40 C.F.R. §§ 60.90 to 60.93, inclusive, ( July
1, 2012 July 1, 2014 ).A-61 Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991;
transferred from § 74:26:13:05, 19 SDR 157, ef fective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR
217, effective June 13, 2007; 36 SDR 207, effectiv e June 28, 2010; 39 SDR 219, effective June
25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:12. Standards of performance fo r storage vessels of petroleum liquids constructed after June 11, 1973, and before May 19, 1978. The standards of performance for storage vessels of petroleum liquids constructed after June 11, 1973, and before May 19, 1978, are those in 40 C.F.R. §§ 60.110 to 60.113, inclusive, ( July 1, 2012 July 1, 2014 ). A source that operates a unit subject to 40 C.F.R. §§ 60.110 to 60.113, inclusive, ( July 1, 2012 July 1, 2014 ) is exempt from the obligation to obtain a Part 70 operating permit if the unit is not required to install controls and if the source is not require d to obtain a Part 70 operating permit for a reason

other than the source is subject to 40 C.F.R. §§ 6 0.110 to 60.113, inclusive, ( July 1, 2012 July 1,

2014 ). Exempted sources must still meet the applicable requirements in 40 C.F.R. §§ 60.110 to 60.113, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991;
transferred from § 74:26:14:05, 19 SDR 157, ef fective April 22, 1993; 21 SDR 119, effectiveA-62 January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR
217, effective June 13, 2007; 36 SDR 207, effectiv e June 28, 2010; 39 SDR 219, effective June
25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:13. Standards of performance fo r storage vessels of petroleum liquids constructed after May 18, 1978, and before July 24, 1984. The standards of performance for storage vessels of petroleum liquids constructed after May 18, 1978, and before July 24, 1984, are those in 40 C.F.R. §§ 60.110a to 60.115a, inclusive, ( July 1, 2012 July 1, 2014 ). A source that operates a unit subject to 40 C.F.R. §§ 60.110a to 60.115a, inclusive, ( July 1, 2012 July 1,

2014 ) is exempt from the obligation to obtain a Part 70 operating permit if the unit is not required to install controls and if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to 40 C.F.R. §§ 60.110a to 60.115a, inclusive, ( July
1, 2012 July 1, 2014 ). Exempted sources must still meet the applicable requirements in 40 C.F.R. §§ 60.110a to 60.115a, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; tran sferred from § 74:26:20:19, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effec tive January 5, 1995; 23 SDR 106, effective
December 29, 1996; 30 SDR 26, eff ective September 1, 2003; 31 SD R 101, effective January 2,A-63 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207,
effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:14. Standards of performance fo r volatile organic li quid storage vessels (including petroleum liquid st orage vessels) for which construction, reconstruction, or modification commenced after July 23, 1984. The standards of performance for volatile organic liquid storage vessels (including petroleum liquid storage vessels) for which
construction, reconstruction, or modification commenced after July 23, 1984, are those in 40 C.F.R. §§ 60.110b to 60.117b, inclusive, ( July 1, 2012 July 1, 2014 ). A source that operates a unit subject to 40 C.F.R. §§ 60.110b to 60.117b, inclusive, ( July 1, 2012 July 1, 2014 ) is exempt from the obligation to obtain a Part 70 operating permit if the unit is not required to install controls and if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to 40 C.F.R. §§ 60.110b to 60.117b, inclusive, ( July 1, 2012 July 1,

2014 ). Exempted sources must still meet the applicable requirements in 40 C.F.R. §§ 60.110b to 60.117b, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991;
transferred from § 74:26:25:01, 19 SDR 157, ef fective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective Decemb er 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDRA-64 209, effective June 13, 2006; 33 SDR 217, effectiv e June 13, 2007; 36 SDR 207, effective June
28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:15. Standards of performa nce for sewage treatment plants. The standards of performance for sewage treatment plants are those in 40 C.F.R. §§ 60.150 to 60.156, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991;
transferred from § 74:26:15:06, 19 SDR 157, ef fective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR
217, effective June 13, 2007; 36 SDR 207, effectiv e June 28, 2010; 39 SDR 219, effective June
25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:16. Standards of performa nce for coal preparation plants. The standards of performance for coal preparation plants are those in 40 C.F.R. § 60, Subpart Y ( July 1, 2012 July 1, 2014 ).A-65 Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991;
transferred from § 74:26:16:06, 19 SDR 157, ef fective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR
217, effective June 13, 2007; 36 SDR 207, effectiv e June 28, 2010; 39 SDR 219, effective June
25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:17. Standards of performance for grain elevators. The standards of performance for grain elevators are those in 40 C.F.R. §§ 60.300 to 60.304, inclusive, ( July 1,

2012 July 1, 2014 ). A source subject to 40 C.F. R. §§ 60.300 to 60.304, inclusive, ( July 1, 2012 July 1, 2014 ) is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to 40 C.F.R. §§ 60.300 to 60.304, inclusive, ( July 1, 2012 July 1, 2014 ). Exempted sources must still meet the applicable requirements in 40 C.F.R. § 60.300 to 60.304, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 14 SDR 72, effective November 24, 19 87; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; tran sferred from § 74:26:17:06, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effec tive January 5, 1995; 23 SDR 106, effective
December 29, 1996; 30 SDR 26, eff ective September 1, 2003; 31 SD R 101, effective January 2,A-66 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207,
effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:18. Standards of performa nce for stationary gas turbines. The standards of performance for stationary gas turbines are those in 40 C.F.R. §§ 60.330 to 60.335, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 14 SDR 72, effective November 24, 19 87; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; tran sferred from § 74:26:19:07, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effec tive January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective Septem ber 1, 2003; 31 SDR 101, effective January 2,
2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207,
effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:19. Standards of performan ce for lime manufacturing plants. The standards of performance for lime manufacturing plan ts are those in 40 C.F.R. §§ 60.340 to 60.344, inclusive, ( July 1, 2012 July 1, 2014 ).A-67 Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991;
transferred from § 74:26:18:10, 19 SDR 157, ef fective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR
217, effective June 13, 2007; 36 SDR 207, effectiv e June 28, 2010; 39 SDR 219, effective June
25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:20. Standards of performance fo r metallic mineral processing plants. The standards of performance for metallic mineral pr ocessing plants are those in 40 C.F.R. §§ 60.380 to 60.386, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 11 SDR 151, effective May 12, 1985; 13 SDR 129, 13 SDR 141, effective July 1,
1987; 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991;
transferred from § 74:26:21:02, 19 SDR 157, ef fective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR
217, effective June 13, 2007; 36 SDR 207, effectiv e June 28, 2010; 39 SDR 219, effective June
25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.A-68 74:36:07:21. Standards of performance for pressure-sensitive tape and label surface coating operations. The standards of performance for pre ssure-sensitive tape and label surface coating operations are those in 40 C.F.R. §§ 60.440 to 60.447, inclusive, ( July 1, 2012 July 1,

2014 ).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23
SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13,
2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:22. Standards of performance for equipment leaks of VO C in the synthetic organic chemicals manufacturing industry. The standards of perfor mance for equipment leaks of VOC in the synthetic organic chemicals ma nufacturing industry ar e those in 40 C.F.R. §§ 60.480 to 60.489, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23
SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effec tive January 2, 2005; 32 SDR 209, effective June
13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013. General Authority: SDCL 34A-1-6.A-69 Law Implemented: SDCL 34A-1-18.

74:36:07:22.01. Standards of performance for equipment leaks of VOC in the synthetic organic chemicals manufacturi ng industry for which construction, reconstruction, or modification commenced after November 7, 2006. The standards of performance for equipment leaks of VOC in th e synthetic organic ch emicals manufacturing industry, for which construction, reconstruction, or modification commenced after November 7, 2006, are those in 40 C.F.R. § 60, Subpart VVa ( July 1, 2012 July 1, 2014 ).

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:23. Standards of performance for bulk gasoline terminals. The standards of performance for bulk gasoline terminals are th ose in 40 C.F.R. §§ 60.500 to 60.506, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23
SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effec tive January 2, 2005; 32 SDR 209, effective June
13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013. General Authority: SDCL 34A-1-6.A-70 Law Implemented: SDCL 34A-1-18.

74:36:07:24. Standards of performan ce for new residential wood heaters. The standards of performance for new residential wood heaters are those in 40 C.F.R. §§ 60.530 to 60.539b, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23
SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effec tive January 2, 2005; 32 SDR 209, effective June
13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:25. Standards of performa nce for petroleum dry cleaners. The standards of performance for petroleum dry cleaners are those in 40 C. F.R. §§ 60.620 to 60.625, inclusive, ( July 1, 2012 July 1, 2014 ). A source subject to 40 C.F.R. §§ 60.620 to 60.625, inclusive, ( July
1, 2012 July 1, 2014 ) is exempt from the obligation to ob tain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit fo r a reason other than the source is subject to 40 C.F.R. §§ 60.620 to 60.625, inclusive, ( July 1, 2012 July 1, 2014 ). Exempted sources must still meet the applicable requir ements in 40 C.F.R. §§ 60.620 to 60.625, inclusive, ( July 1, 2012 July 1, 2014 ).A-71 Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23
SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13,
2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:26. Standards of performance fo r VOC emissions from synthetic organic chemical manufacturing industry (SOCMI) distilla tion operations. The standards of performance for VOC emissions from synthetic organic chemical manufacturing industry (SOCMI) distillation operati ons are those in 40 C.F.R. §§ 60.660 to 60.668, inclusive, ( July 1,

2012 July 1, 2014 ).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23
SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effec tive January 2, 2005; 32 SDR 209, effective June
13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.A-72 74:36:07:27. Standards of performance for nonmetallic mineral processing plants. The standards of performance for nonmetallic mine ral processing plants ar e those in 40 C.F.R. §§ 60.670 to 60.676, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 12 SDR 183, effective May 21, 1986; 13 SDR 129, 13 SDR 141, effective July 1,
1987; 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991;
transferred from § 74:26:23:02, 19 SDR 157, ef fective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective Decemb er 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR
209, effective June 13, 2006; 33 SDR 217, effectiv e June 13, 2007; 36 SDR 207, effective June
28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:28. Standards of performance fo r magnetic tape coating facilities. The standards of performance for magnetic tape coa ting facilities are those in 40 C.F.R. §§ 60.710 to 60.718, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23
SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effec tive January 2, 2005; 32 SDR 209, effective June
13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013.A-73 General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:31. Standards of performance fo r graphic arts industry -- Publication rotogravure printing. The standards of performance for p ublication rotogravure printing in the graphic arts industry are those in 40 C.F.R. §§ 60.430 to 60.435, inclusive, ( July 1, 2012 July 1,

2014 ).

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR
209, effective June 13, 2006; 33 SDR 217, effectiv e June 13, 2007; 36 SDR 207, effective June
28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:32. Standards of performance fo r volatile organic compound emissions from synthetic organic chem ical manufacturing industry (SOCMI) reactor processes. The standards of performance for volatile organi c compound emissions from synthetic organic chemical manufacturing industry reactor processes are those in 40 C.F.R. § 60, Subpart RRR ( July 1, 2012 July 1, 2014 ).

Source: 23 SDR 106, effective December 29, 19 96; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SD R 101, effective January 2, 2005; 32 SDR 209,A-74 effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,
2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:33. Standards of performance for calciners and dryers in mineral

industries. The standards of performance for calciners and dryers in mineral industries are those in 40 C.F.R. § 60, Subpart UUU ( July 1, 2012 July 1, 2014 ).

Source: 23 SDR 106, effective December 29, 1 996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR
217, effective June 13, 2007; 36 SDR 207, effectiv e June 28, 2010; 39 SDR 219, effective June
25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:34. Existing municipal solid waste landfill. The owner or operator of an existing municipal solid waste landfill that meets the following conditions shall comply with
§§ 74:36:07:35 to 74:36:07:42, inclusive:

(1) The landfill has accepted waste at a ny time since November 8, 1987, or has additional design capacity available for future waste deposition;A-75 (2) The landfill has a design capacity greater than or equal to 2.5 million megagrams and 2.5 million cubic meters. The landfill may calculate design capacity either in megagrams or cubic meters. Density conversions must be documented and submitted with the report; and

(3) The landfill has a nonmethane organi c compound emission rate of 50 megagrams a year or more. The calculation of the landfill nonmethane organic compound emission rate must meet the requirements of 40 C.F.R. § 60.754 ( July 1, 2012 July 1, 2014 ), to determine the landfill nonmethane organic compound emission rate.

Source: 23 SDR 106, effective December 29, 19 96; 25 SDR 123, effective April 4, 1999;
26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13,
2007; 36 SDR 209, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:36. Collection system. The department shall approv e the collection and control system plan if it is equivalent to or meets th e conditions provided in 40 C.F.R. § 60.752(b)(2)(ii) ( July 1, 2012 July 1, 2014 ), and the control requir ements in § 74:36:07:37.

Source: 23 SDR 106, effective December 29, 19 96; 25 SDR 123, effective April 4, 1999;
26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101,A-76 effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13,
2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:37. Control system. The department shall approve the control system if it is equivalent to or meets one of the following requirements:

(1) An open flare designed and operated in accordance with the parameters established in 40 C.F.R. § 60.18 ( July 1, 2012 July 1, 2014 );

(2) A control system designed and operate d to reduce nonmethane organic compounds by 98 percent by weight; or

(3) An enclosed combustor designed and operated to either re duce nonmethane organic compounds by 98 percent by weight or the outl et nonmethane organic compound concentration to 20 parts per million as hexane by volume, dry basis at three percent oxygen, or less.

Source: 23 SDR 106, effective December 29, 19 96; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SD R 101, effective January 2, 2005; 32 SDR 209,
effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,
2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6.A-77 Law Implemented: SDCL 34A-1-18.

74:36:07:39. Existing municipal solid wa ste landfill operational standards for collection and control systems. The owner or operato r of an existing municipal solid waste landfill that meets the requirements of § 74:36:07: 34 shall meet the operational standards for collection and control systems in 40 C.F.R. § 60.753 ( July 1, 2012 July 1, 2014 ).

Source: 23 SDR 106, effective December 29, 19 96; 25 SDR 123, effective April 4, 1999;
26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13,
2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:40. Existing municipal solid waste landfill compliance provisions. The owner or operator of an existing municipal solid wa ste landfill that meets the requirements of § 74:36:07:34 shall meet the compliance provisions in 40 C.F.R. § 60.755 ( July 1, 2012 July 1,

2014 ).

Source: 23 SDR 106, effective December 29, 19 96; 25 SDR 123, effective April 4, 1999;
26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13,
2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.A-78 General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:41. Existing municipal solid waste landfill monitoring provisions. The owner or operator of an existing municipal solid wa ste landfill that meets the requirements of § 74:36:07:34 shall meet the monitoring provisions in 40 C.F.R. § 60.756 ( July 1, 2012 July 1,

2014 ).

Source: 23 SDR 106, effective December 29, 19 96; 25 SDR 123, effective April 4, 1999;
26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13,
2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:42. Existing municipal solid waste landfill reporting and recordkeeping. The owner or operator of an ex isting municipal solid waste landfill that meets the requirements of § 74:36:07:34 shall meet the reporting and reco rdkeeping requirements specified in 40 C.F.R. §§ 60.757 and 60.758 ( July 1, 2012 July 1, 2014 ).

Source: 23 SDR 106, effective December 29, 19 96; 25 SDR 123, effective April 4, 1999;
26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101,A-79 effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13,
2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:42.01. Additional reporting for ex isting municipal solid waste landfills. The owner or operator of an existing municipal solid waste landfill that meets the requirements of subdivisions 74:36:07:34(1) and (2) shall subm it an initial nonmethane organic compound emission rate report within 90 days of the effect ive date of EPA's approval of the state's § 111(d) plan required in the Clean Air Act and annually or every five years thereafter in accordance with 40 C.F.R. § 60.757(b) ( July 1, 2012 July 1, 2014 ).

Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209,
effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,
2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18

74:36:07:43. Standards of performance fo r new municipal solid waste landfills. The standards of performance for municipal solid waste landfills that commenced construction,
reconstruction, or modification on or after May 29, 1991, are those in 40 C.F.R. §§ 60.751 to 60.759, inclusive, ( July 1, 2012 July 1, 2014 ). Physical or operational changes made to existingA-80 municipal solid waste landfills solely to comp ly with §§ 74:36:07:34 to 74:36:07:42, inclusive, or activities required by or conducted pursuant to a CERCLA, RCRA, or state remedial action
are not considered construction, reconstruction, or modification for purposes of this section.

Source: 23 SDR 106, effective December 29, 19 96; 25 SDR 123, effective April 4, 1999;
26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13,
2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:44. Standards of perfor mance for nitric acid plants. The standards of performance for nitric acid plants are t hose in 40 C.F.R. §§ 60.70 to 60.74, inclusive, ( July 1,

2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:45. Standards of performa nce for sulfuric acid plants. The standards of performance for sulfuric acid plants are t hose in 40 C.F.R. §§ 60.80 to 60.85, inclusive, ( July 1,

2012 July 1, 2014 ).A-81 Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:46. Standards of perfor mance for petroleum refineries. The standards of performance for petroleum refineries ar e those in 40 C.F.R. § 60, Subpart J ( July 1, 2012 July 1,

2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:46.01. Standards of performanc e for petroleum refineries for which construction, reconstruction, or modi fication commenced after May 14, 2007. The standards of performance for petroleum refineries for wh ich construction, reconstr uction, or modification commenced after May 14, 2007, are those in 40 C.F.R. § 60, Subpart Ja, ( July 1, 2012 July 1,

2014 ).

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6.A-82 Law Implemented: SDCL 34A-1-18.

74:36:07:47. Standards of performa nce for secondary lead smelters. The standards of performance for secondary lead smelters are those in 40 C.F.R. §§ 60.120 to 60.123, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:48. Standards of performance for secondary brass and bronze production plants. The standards of performan ce for secondary brass and bron ze production plants are those in 40 C.F.R. §§ 60.130 to 60.133, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:49. Standards of performance fo r primary emissions from basic oxygen process furnaces for which construc tion commenced after June 11, 1973. The standards ofA-83 performance for basic oxygen process furnaces are those in 40 C.F.R. §§ 60.140 to 60.144, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:50. Standards of performance fo r secondary emissions from basic oxygen process steelmaking facilities for which co nstruction commenced after January 20, 1983. The standards of performance for basic oxygen pr ocess steelmaking facilities are those in 40 C.F.R. §§ 60.140a to 60.145a, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:51. Standards of perfor mance for primary copper smelter. The standards of performance for primary copper smelters are those in 40 C.F.R. §§ 60.160 to 60.166, inclusive, ( July 1, 2012 July 1, 2014 ).A-84 Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:52. Standards of perfor mance for primary zinc smelter. The standards of performance for primary zinc smelters are those in 40 C.F.R. §§ 60.170 to 60.176, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:53. Standards of perfor mance for primary lead smelter. The standards of performance for primary lead smelters are those in 40 C.F.R. §§ 60.180 to 60.186, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.A-85 74:36:07:54. Standards of performance for primary aluminum reduction plant. The standards of performance for primary alumin um reduction plants are those in 40 C.F.R. §§ 60.190 to 60.195, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:55. Standards of performance for wet-process phosphoric acid plant. The standards of performance for wet-process phosphoric acid plants are those in 40 C.F.R. §§ 60.200 to 60.204, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:56. Standards of performan ce for superphosphoric acid plant. The standards of performance for superphosphoric acid plan ts are those in 40 C.F.R. §§ 60.210 to 60.214, inclusive, ( July 1, 2012 July 1, 2014 ).A-86 Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:57. Standards of performan ce for diammonium phosphate plant. The standards of performance for diammonium phospha te plants are those in 40 C.F.R. §§ 60.220 to 60.224, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:58. Standards of performan ce for triple superphosphate plant. The standards of performance for tr iple superphosphate pl ants are those in 40 C.F.R. §§ 60.230 to 60.234, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.A-87 74:36:07:59. Standards of performance for granular triple superphosphate storage facility. The standards of performance for granular triple superphosphate st orage facilities are those in 40 C.F.R. §§ 60.240 to 60.244, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:60. Standards of performan ce for ferroalloy production plant. The standards of performance for ferroalloy production pl ants are those in 40 C.F.R. §§ 60.260 to 60.266, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:61. Standards of performance fo r electric arc furnaces and argon-oxygen

decarburization vessels cons tructed after August 17, 1983. The standards of performance for electric arc furnaces and argon-oxygen decarburizati on vessels are those in 40 C.F.R. §§ 60.270a to 60.276a, inclusive, ( July 1, 2012 July 1, 2014 ).A-88 Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:62. Standards of perf ormance for kraft pulp mills. The standards of performance for kraft pulp mills are thos e in 40 C.F.R. §§ 60.280 to 60.285, inclusive, ( July 1,

2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:63. Standards of performa nce for glass manufacturing plant. The standards of performance for glass manufacturing pl ants are those in 40 C.F.R. §§ 60.290 to 60.296, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.A-89 74:36:07:64. Standards of performance fo r surface coating of metal furniture. The standards of performance for surf ace coating of metal furniture are those in 40 C.F.R. §§ 60.310 to 60.316, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:65. Standards of performance fo r lead-acid battery manufacturing plant. The standards of performance for lead-acid batt ery manufacturing plants are those in 40 C.F.R. §§ 60.370 to 60.374, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:66. Standards of performance for automobile and light duty truck surface coating operations. The standards of perfor mance for automobile and light duty truck surface coating operations are those in 40 C.F.R. §§ 60.390 to 60.398, inclusive, ( July 1, 2012 July 1,

2014 ).A-90 Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 208, effec tive June 28, 2010; 39
SDR 219, effective June 25,2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:67. Standards of performa nce for phosphate rock plants. The standards of performance for phosphate rock plants are t hose in 40 C.F.R. §§ 60.400 to 60.404, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:68. Standards of performan ce for ammonium sulfate manufacture. The standards of performance for ammonium sulfat e manufacture are those in 40 C.F.R. §§ 60.420 to 60.424, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.A-91 74:36:07:69. Standards of performance fo r industrial surface coating -- Large appliances. The standards of performance for industria l surface coating of large appliances are those in 40 C.F.R. §§ 60.450 to 60.456, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:70. Standards of performa nce for metal coil surface coating. The standards of performance for metal coil surface co ating are those in 40 C.F.R. §§ 60.460 to 60.466, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:71. Standards of performance for asphalt processing and asphalt roofing

manufacture. The standards of performance for as phalt processing and asphalt roofing manufacture are those in 40 C.F.R. §§ 60.470 to 60.474, inclusive, ( July 1, 2012 July 1, 2014 ).A-92 Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:72. Standards of performance for beverage can surface coating industry. The standards of performance for beverage can surface coating industry ar e those in 40 C.F.R. §§ 60.490 to 60.496, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:73. Standards of performance for rubber tire manufacturing industry. The standards of performance for rubber tire manuf acturing industry are those in 40 C.F.R. §§ 60.540 to 60.548, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 1010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.A-93 74:36:07:74. Standards of performance fo r volatile organic compound emissions from polymer manuf acturing industry. The standards of performance for polymer manufacturing industry are those in 40 C.F.R. §§ 60.560 to 60.566, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:75. Standards of performance for flexible vinyl and urethane coating and printing. The standards of performance for flexible vinyl and urethane co ating and printing are those in 40 C.F.R. §§ 60.580 to 60.585, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:76. Standards of performance fo r equipment leaks of VOC in petroleum

refineries. The standards of performance for equipment leaks in petroleum refineries are those in 40 C.F.R. §§ 60.590 to 60.593, inclusive, ( July 1, 2012 July 1, 2014 ).A-94 Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:76.01. Standards of performance fo r equipment leaks of VOC in petroleum

refineries. The standards of performance for equipmen t leaks in petroleum refineries for which
construction, reconstruction, or modification commenced after November 7, 2006, are those in 40 C.F.R. § 60, Subpart GGGa, ( July 1, 2012 July 1, 2014 ).

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:77. Standards of performance fo r synthetic fiber pr oduction facility. The standards of performance for synthetic fibe r production facilities are those in 40 C.F.R. §§ 60.600 to 60.604, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.A-95 74:36:07:78. Standards of performance fo r VOC emissions from synthetic organic chemical manufacturing industr y air oxidation unit process. The standards of performance for synthetic organic chemical manufacturing industry air oxidatio n unit processes are those in 40 C.F.R. §§ 60.610 to 60.618, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:79. Standards of performance fo r equipment leaks of VOC from onshore natural gas processing plant. The standards of performance for equipment leaks from onshore natural gas processing plants are those in 40 C.F.R. §§ 60.630 to 60.636, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:80. Standards of performance for onshore natural gas processing. The standards of performance for onshore natural gas processing are those in 40 C.F.R. §§ 60.640 to 60.648, inclusive, ( July 1, 2012 July 1, 2014 ).A-96 Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:81. Standards of performance for wool fiberglass insulation manufacturing plant. The standards of performance for wool fi berglass insulation ma nufacturing plants are those in 40 C.F.R. §§ 60.680 to 60.685, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:82. Standards of performance for VOC emissions from petroleum refinery
wastewater system. The standards of performance for pe troleum refinery wastewater systems are those in 40 C.F.R. §§ 60.690 to 60.699, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.A-97 74:36:07:83. Standards of performance fo r industrial surface coating -- Surface coating of plastic parts for business machines. The standards of performance for the surface coating of plastic parts for business mach ines are those in 40 C.F.R. §§ 60.720 to 60.726, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:84. Standards of performance for polymeric coating of supporting substrates facility. The standards of performance for polym eric coating of s upporting substrates facilities are those in 40 C.F.R. §§ 60.740 to 60.748, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:85. Standards of performance for small municipal waste combustion units

for which construction commenced afte r August 30, 1999, or modification or reconstruction commenced after June 6, 2001. The standards of performance for smallA-98 municipal waste combustion units are those in 40 C.F.R. § 60, Subpart AAAA ( July 1, 2012 July 1, 2014 ),

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:86. Standards of performance fo r commercial or industrial solid waste

incineration units for which constructi on commenced after November 30, 1999, or modification or reconstruction commenced on or after June 1, 2001. The standards of performance for commercial solid waste incinerati on units are those in 40 C.F.R. § 60, Subpart CCCC ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:87. Standards of performance for other solid waste incineration units for which construction commenced after December 9, 2004, or modification or reconstruction commenced on or after June 16, 2006. The standards of performance for other solid waste incineration units are those in 40 C.F.R. § 60, Subpart EEEE ( July 1, 2012 July 1, 2014 ).A-99 Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:88. Standards of performance for st ationary compression ignition internal combustion engines. The standards of performance for stat ionary compression ignition internal combustion engines are those in 40 C.F.R. § 60, Subpart IIII ( July 1, 2012 July 1, 2014 ). A source subject to Subpart IIII is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart IIII. Exempted sources must still meet the applicable requirements in Subpart IIII.

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:89. Standards of performance for stationary combustion turbines. The standards of performance for stationary combus tion turbines are those in 40 C.F.R. §§ 60.4300 to 60.4420, inclusive, ( July 1, 2012 July 1, 2014 ).A-100 Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:90. Standards of performance fo r stationary spark ignition internal combustion engines. The standards of performance for st ationary spark combustion engines are those in 40 C.F.R. § 60, Subpart JJJJ ( July 1, 2012 July 1, 2014 ). A source subject to Subpart JJJJ is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart JJJJ. Exempted sources must still meet the applicable require ments in Subpart JJJJ.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:91. Standards of performance for nitr ic acid plants for which construction, reconstruction, or modification commenced after October 14, 2011. The standards of performance for nitric acid plants are t hose in 40 C.F.R. § 60, Subpart Ga ( July 1, 2012 July 1,

2014 ).

Source: 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6.A-101 Law Implemented: SDCL 34A-1-18.

74:36:07:92. Standards of performance for new sewage sludge incineration units. The standards of performance for new sewage sludge incineration units are those in 40 C.F.R. § 60, Subpart LLLL ( July 1, 2012 July 1, 2014 ).

Source: 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:07:93. Standards of performance fo r crude oil and natural gas production,

transmission and distribution. Th e standards of performance for crude oil and natural gas production, transmission, and distribution are those in 40 C.F.R. § 60, Subpart OOOO (July 1, 2014).

Source: General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

CHAPTER 74:36:08

NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTSA-102 Section

74:36:08:00 Administrator defined. 74:36:08:01 General provisions -- National em ission standards for hazardous air pollutants. 74:36:08:02 Emission standards for asbestos air pollutants. 74:36:08:02.01 Emission standards for equipment leak s (fugitive emission sources) of benzene.

74:36:08:02.02 Emission standards for benzene emissions from benzene storage vessels.

74:36:08:02.03 Emission standards for benzene emi ssions from benzene transfer operations. 74:36:08:02.04 Emission standards for benzene waste operations. 74:36:08:03 General provisions -- National em ission standards for hazardous air pollutants for source categories. 74:36:08:03.01 Requirements for control technol ogy determinations for major sources in accordance with Clean Air Act sections 112(g) and 112(j). 74:36:08:04 National perchloroe thylene air emission standards for dry cleaning facilities.

74:36:08:05 National emission standards for organic hazardous air pollutants from the synthetic organic chemical manufacturing industry. 74:36:08:06 National emission standards for orga nic hazardous air pollutants from synthetic organic chemical manufactur ing industry process vents, storage vessels, transfer operations, and wastewater.

74:36:08:07 National emission standards for or ganic hazardous air pollutants for equipment

leaks.A-103 74:36:08:08 National emission standards for or ganic hazardous air pollutants for certain processes subject to negotiated re gulations for equipment leaks.

74:36:08:09 National emission standards for chro mium emissions from hard and decorative chromium electroplating and chromium anodizing tanks.

74:36:08:10 National emission standards for et hylene oxide emissions from sterilization

facilities.

74:36:08:11 National emissi on standards for industrial process cooling towers.

74:36:08:12 National emission st andards for gasoline distributi on facilities (bulk gasoline terminals and pipeline breakout stations).

74:36:08:13 National emission standard s for halogenated solvent cleaning.

74:36:08:14 National emission standards for wood furniture manufacturing operations. 74:36:08:15 National emission standards for aerospace manufacturing.

74:36:08:16 National emissi on standards for tanks.

74:36:08:17 National emission standards for containers.

74:36:08:18 National emission st andards for surface impoundments.

74:36:08:19 National emission standa rds for individual drain systems.

74:36:08:20 National emission standards for oil-water sepa rators and organic-water
separators.
74:36:08:20.01 National emission stan dards for closed vent system s, control devices, recovery devices, and routing to a fuel gas system or a process.
74:36:08:20.02 National emission stan dards for equipment leaks.

74:36:08:21 National emission standards for hazardous air pollutants from the portland cement manufacturing industry.A-104 74:36:08:22 National emission standards for hazardous air pollutants for pesticide active ingredient production.

74:36:08:23 National emissi on standards for the printing and publishing industry.

74:36:08:24 National emission standards for oil and natural gas pr oduction facilities.

74:36:08:25 National emission standards for natu ral gas transmission and storage facilities.

74:36:08:26 National emission standard s for secondary aluminum production.

74:36:08:27 National emission standards for publicly owned treatment works.

74:36:08:28 National emission standards for solv ent extraction for vege table oil production.

74:36:08:29 National emission standard s for paper and other web coating.

74:36:08:30 National emission standards for municipal solid waste landfills.

74:36:08:31 National emission standards for surface coating of metal furniture.

74:36:08:32 National emission standards for integrated ir on and steel manufacturing

facilities.

74:36:08:33 National emissi on standards for brick and structural clay products manufacturing.

74:36:08:34 National emission standards fo r asphalt processing and asphalt roofing manufacturing.

74:36:08:35 National emission standards for flexible polyur ethane foam fabrication operations.

74:36:08:36 National emission standa rds for engine test cells/stands.

74:36:08:37 National emission standards for surf ace coating of miscellaneous metal parts and products.

74:36:08:38 National emission standards for reinforced plastic composites production.A-105 74:36:08:39 National emission standards for stationary combustion turbines.

74:36:08:40 National emission st andards for stationary recipr ocating internal combustion engines.

74:36:08:41 National emission st andards for industrial, commercial, and institutional boilers and process heaters. 74:36:08:42 National emission standards for pol yvinyl chloride and copolymers production.

74:36:08:43 National emission stan dards for coke oven batteries.

74:36:08:44 National emission standa rds for pulp and paper industry.

74:36:08:45 National emission standard s for group I polymers and resins.

74:36:08:46 National emission standards for epoxy resins production and non-nylon polyamides production.

74:36:08:47 National emission standa rds for secondary lead smelting.

74:36:08:48 National emission standards for phosphoric ac id manufacturing plants.

74:36:08:49 National emission standards for phosphate fertilizer s production plants.

74:36:08:50 National emission stan dards for petroleum refineries.

74:36:08:51 National emission standards for off-site waste and recovery operations.

74:36:08:52 National emission standards for magnetic ta pe manufacturing operations.

74:36:08:53 National emission standards for primary aluminum reduction plants.

74:36:08:54 National emission stan dards for chemical recovery combustion sources at kraft, soda, sulfite, and stand-alone semichemical pulp mills.

74:36:08:55 National emission standards for et hylene manufacturing process units -- Heat exchange systems and waste operations.

74:36:08:56 Generic maximum achievabl e control technology standards.A-106 74:36:08:57 National emission standards for st eel pickling -- HC1 process facilities and hydrochloric acid regeneration plants.

74:36:08:58 National emission standa rds for mineral wool production.

74:36:08:59 National emission standard s for hazardous waste combustors.

74:36:08:60 National emission stan dards for pharmaceutical production.

74:36:08:61 National emission standard s for group IV polymers and resins.

74:36:08:62 National emission standa rds for wool fiberglass production.

74:36:08:63 National emission standards for manufacture of amino/phenolic resins.

74:36:08:64 National emission standard s for polyether polyols production.

74:36:08:65 National emission stan dards for primary copper smelting.

74:36:08:66 National emission stan dards for primary lead smelting.

74:36:08:67 National emission st andards for petroleum refine ries -- Catalytic cracking, catalytic reforming, and sulfur recovery units.

74:36:08:68 National emission standards for ferroalloy production -- Ferromanganese and silicomanganese.

74:36:08:69 National emission standards for the manufacture of nutritional yeast.

74:36:08:70 National emission standards for plywood and composite wood products.

74:36:08:71 National emission standards for non-gasoline organic liquids distribution.

74:36:08:72 National emission standards for mi scellaneous organic chemical manufacturing.

74:36:08:73 National emissi on standards for wet-formed fiberglass mat production.

74:36:08:74 National emission standards for su rface coating of automobiles and light duty

trucks.

74:36:08:75 National emission standard s for surface coating of metal cans.A-107 74:36:08:76 National emission standards fo r surface coating of large appliances.

74:36:08:77 National emission standards for printing, coating, and dye ing of fabrics and

other textiles.

74:36:08:78 National emission standards for su rface coating of plastic parts and products.

74:36:08:79 National emission standards fo r surface coating of wood building products.

74:36:08:80 National emission standard s for surface coating of metal coil.

74:36:08:81 National emission standard s for leather finishing operations.

74:36:08:82 National emission standards for cellulose produ cts manufacturing.

74:36:08:83 National emission st andards for boat manufacturing.

74:36:08:84 National emission standard s for rubber tire manufacturing.

74:36:08:85 National emission standa rds for lime manufacturing plants.

74:36:08:86 National emission standa rds for semiconductor manufacturing.

74:36:08:87 National emission standards for coke ovens -- Pushing, quenching, and battery

stacks.

74:36:08:88 National emission standa rds for iron and steel foundries.

74:36:08:89 National emission stan dards for site remediation.

74:36:08:90 National emissi on standards for miscellaneous coating manufacturing.

74:36:08:91 National emission standards for mercury cell chlor-alkali plants.

74:36:08:92 National emission standard s for clay ceramics manufacturing.

74:36:08:93 National emission standards for flexible polyurethane foam production.

74:36:08:94 National emission standard s for hydrochloric acid production.

74:36:08:95 National emission st andards for friction material s manufacturing facilities.

74:36:08:96 National emission standard s for taconite iron ore processing.A-108 74:36:08:97 National emission standards for refractory products manufacturing.

74:36:08:98 National emission standa rds for primary magnesium refining.

74:36:08:99 National emission standards for polyvinyl chloride an d copolymers production

area sources.
74:36:08:100 National emission standards fo r primary copper smelting area sources.

74:36:08:101 National emission standards fo r secondary copper smelting area sources.

74:36:08:102 National emission st andards for primary nonferrous metals area sources -- Zinc, cadmium, and beryllium.

74:36:08:103 National emission standards for hospital ethy lene oxide sterilizers.

74:36:08:104 National emission standards for elec tric arc furnace steelmaking facility area

sources.
74:36:08:105 National emissi on standards for iron and steel foundry area sources. 74:36:08:106 National emission standards for gaso line distribution bulk terminals, bulk plants, and pipeline facilities.

74:36:08:107 National emission standard s for gasoline dispensing facilities.

74:36:08:108 National emission standards for paint stripping and miscellaneous surface coating area sources.

74:36:08:109 National emission standards for ac rylic and modacrylic fiber production area

sources.
74:36:08:110 National emissi on standards for carbon black production area sources.

74:36:08:111 National emission standards fo r chemical manufacturing area sources -- Chromium compounds.A-109 74:36:08:112 National emission standards for flexible polyurethane foam production and

fabrication area sources.

74:36:08:113 National emission standards for le ad acid battery manufacturing area sources.

74:36:08:114 National emission standards for wood preserving area sources.

74:36:08:115 National emission standards for clay ceramic manufacturing area sources.

74:36:08:116 National emission standards for glass manufacturing area sources.

74:36:08:117 National emission st andards for secondary nonfe rrous metal processing area

sources.
74:36:08:118 National emissi on standards for plating and polishing area sources.

74:36:08:119 National emission st andards for nine metal fabr ication and finishing area

sources.
74:36:08:120 National emission standards for ferroalloys production area sources.

74:36:08:121 National emission standards for aluminum, coppe r, and other nonferrous foundry area sources.

74:36:08:122 National emission st andards for coal- and oil-fi red electric utility steam generating units.

74:36:08:123 National emission st andards for industrial, commercial, and institutional boilers

area sources.
74:36:08:124 National emissi on standards for chemical manufacturing area sources.

74:36:08:125 National emission standards fo r asphalt processing and asphalt roofing manufacturing area sources.

74:36:08:126 National emission standards for ch emical preparations industry area sources.A-110 74:36:08:127 National emission st andards for paints and allied products manufacturing area

sources.
74:36:08:128 National emission standards for prepared feeds manufacturing area sources.

74:36:08:129 National emission standards for gold mine ore processing and production area

sources. 74:36:08:130 National emission standards for pol yvinyl chloride and copolymers production.

74:36:08:01. General provisions -- National emission standards for hazardous air pollutants. The general provisions for the national emission standards for hazardous air pollutants are those in 40 C.F.R. § 61, Subpart A ( July 1, 2012 July 1, 2014 ).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168,
effective June 27, 2000; 30 SDR 26, effective Se ptember 1, 2003; 31 SDR 101, effective January
2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR
207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:02. Emission standard s for asbestos air pollutants. The emission standards for asbestos air pollutants are those in 40 C.F.R. § 61, Subpart M ( July 1, 2012 July 1, 2014 ).A-111 Source: 11 SDR 151, effective May 12, 1985; 13 SDR 129, 13 SDR 141, effective July 1,
1987; 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 18 SDR
95, effective December 2, 1991; transferred from § 74:26:22:02, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, e ffective July 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective Janua ry 2, 2005; 32 SDR 209, effective June 13,
2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219,
effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:02.01. Emission standards for equipm ent leaks (fugitive emission sources)

of benzene. The emission standards for equipment leaks of benzene are those in 40 C.F.R. § 61 Subpart J ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:02.02. Emission standards for be nzene emissions from benzene storage

vessels. The emission standards for benzene emissions from benzene storage vessels are those in 40 C.F.R. § 61, Subpart Y ( July 1, 2012 July 1, 2014 ).A-112 Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:02.03. Emission standards for benz ene emissions from benzene transfer operations. The emission standards for benzene emissi ons from benzene transfer operations are those in 40 C.F.R. § 61, Subpart BB ( July 1, 2012 July 1, 2014 ).

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:02.04. Emission standard s for benzene waste operations. The emission standards for benzene waste operations equipment leaks of benzene are t hose in 40 C.F.R. § 61, Subpart FF ( July 1, 2012 July 1, 2014 ).

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:03. General provisions -- National emission standards for hazardous air pollutants for source categories. The general provisions for the national emission standards forA-113 hazardous air pollutants for source categories are those in 40 C.F.R. § 63 Subpart A ( July 1, 2012 July 1, 2014 ).

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effec tive January 2, 2005; 32 SDR 209, effective June
13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:03.01. Requirements for control technology determinations for major
sources in accordance with Clean Air Act sections 112(g) and 112(j). The provisions for control technology determinations for major sources in accordance with Clean Air Act sections 112(g) and 112(j) are those in 40 C.F.R. § 63, Subpart B ( July 1, 2012 July 1, 2014 ).

Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209,
effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,
2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.A-114 74:36:08:04. National perchloroethylene ai r emission standards for dry cleaning

facilities. The national perchloroethylene air emission standards for dry cleaning facilities are those in 40 C.F.R. § 63, Subpart M ( July 1, 2012 July 1, 2014 ). A source that operates a unit subject to Subpart M is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit fo r a reason other than the source is subject to Subpart M. Exempted sources must still meet the applicable requirements in Subpart

M.

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effec tive January 2, 2005; 32 SDR 209, effective June
13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

Cross-Reference: Complete application, § 74:36:05:09.

74:36:08:05. National emission standards for organic hazardous air pollutants from the synthetic organic chemic al manufacturing industry. The national emission standards for organic hazardous air pollutants from the synthetic organic chem ical manufacturing industry are those in 40 C.F.R. § 63, Subpart F ( July 1, 2012 July 1, 2014 ).A-115 Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effec tive January 2, 2005; 32 SDR 209, effective June
13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:06. National emission standards for organic hazardous air pollutants from synthetic organic chemical manufacturing indust ry process vents, storage vessels, transfer operations, and wastewater. The national emission standa rds for organic hazardous air pollutants from synthetic organic chemical manufacturing industry pr ocess vents, storage vessels, transfer operations, and wastewater are those in 40 C.F.R. § 63, Subpart G ( July 1, 2012 July 1, 2014 ).

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effec tive January 2, 2005; 32 SDR 209, effective June
13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.A-116 74:36:08:07. National emission standards for organic hazardous air pollutants for equipment leaks. The national emission standards fo r organic hazardous air pollutants for equipment leaks are those in 40 C.F.R. § 63, Subpart H ( July 1, 2012 July 1, 2014 ).

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effec tive January 2, 2005; 32 SDR 209, effective June
13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:08. National emission standards for organic hazardous air pollutants for certain processes subject to negotiated regulations for equipment leaks. The national emission standards for organic hazardous air pollu tants for certain proc esses subject to the negotiated regulations for equipment leaks ar e those in 40 C.F.R. § 63, Subpart I ( July 1, 2012 July 1, 2014 ).

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effec tive January 2, 2005; 32 SDR 209, effective June
13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR
219, effective June 25, 2013.A-117 General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:09. National emission standards for chromium emissions from hard and decorative chromium electroplatin g and chromium anodizing tanks. The national emission

standards for hard and decorative chromium el ectroplating and chromium anodizing tanks are those in 40 C.F.R. § 63, Subpart N ( July 1, 2012 July 1, 2014 ). An area source that operates a unit subject to Subpart N is exempt from the ob ligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit fo r a reason other than the source is subject to Subpart N. Exempted sources must s till meet the applicable requirements in Subpart

N.

Source: 23 SDR 106, effective December 29, 19 96; 25 SDR 123, effective April 4, 1999;
26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13,
2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

Cross-Reference: Operating permits for part 70 sources, § 74:36:05.

74:36:08:10. National emission standard s for ethylene oxide emissions from

sterilization facilities. The national emission standards for ethylene oxide from sterilizationA-118 facilities are those in 40 C.F.R. § 63, Subpart O ( July 1, 2012 July 1, 2014 ). A source that operates a unit subject to Subpart O is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart O. Exempted sources must still meet the applicable requirements in Subpart O.

Source: 23 SDR 106, effective December 29, 19 96; 25 SDR 123, effective April 4, 1999;
26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13,
2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:11. National emission standard s for industrial process cooling towers. The national emission standards for industrial process cooling towers are those in 40 C.F.R. § 63, Subpart Q ( July 1, 2012 July 1, 2014 ). A source that operates a unit subject to Subpart Q is exempt from the obligations to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason other than the source is s ubject to Subpart Q. Exempted sources must still meet the applicable requirements in Subpart Q.

Source: 23 SDR 106, effective December 29, 19 96; 25 SDR 123, effective April 4, 1999;
26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101,A-119 effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13,
2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:12. National emission standards for gasoline distribution facilities (bulk gasoline terminals and pipe line breakout stations). The national emission standards for gasoline distribution facilities ( bulk gasoline terminals and pipelin e breakout stations) are those in 40 C.F.R. § 63, Subpart R ( July 1, 2012 July 1, 2014 ).

Source: 23 SDR 106, effective December 29, 19 96; 25 SDR 123, effective April 4, 1999; 30 SDR 26, effective September 1, 2003; 31 SD R 101, effective January 2, 2005; 32 SDR 209,
effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,
2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:13. National emission standa rds for halogenated solvent cleaning. The

national emission standards for ha logenated solvent cleaning are th ose in 40 C.F.R. § 63, Subpart T ( July 1, 2012 July 1, 2014 ). An area source that operates a uni t subject to Subpart T is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason other than th e source is subject to Subpart T. Exempted sources must still meet the applic able requirements in Subpart T.A-120 Source: 23 SDR 106, effective December 29, 19 96; 25 SDR 123, effective April 4, 1999;
26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13,
2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:14. National emission standa rds for wood furniture manufacturing operations. The national emission standards for w ood furniture manufacturing operations are those in 40 C.F.R. § 63, Subpart JJ ( July 1, 2012 July 1, 2014 ).

Source: 23 SDR 106, effective December 29, 19 96; 25 SDR 123, effective April 4, 1999;
26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13,
2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:15. National emission sta ndards for aerospace manufacturing. The national emission standards for aerospace manufacturing are those in 40 C.F.R. § 63, Subpart GG ( July 1,

2012 July 1, 2014 ).A-121 Source: 23 SDR 106, effective December 29, 19 96; 25 SDR 123, effective April 4, 1999;
26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13,
2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:16. National emis sion standards for tanks. The national emission standards

for tanks -- level 1 are those in 40 C.F.R. § 63, Subpart OO ( July 1, 2012 July 1, 2014 ). The

national emission standards for ta nks -- level 2 are those in 40 C.F.R. § 63, Subpart WW ( July 1,

2012 July 1, 2014 ).

Source: 25 SDR 123, effective April 4, 1999; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217,
effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25,

2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:17. National emission standards for containers. The national emission

standards for containers are thos e in 40 C.F.R. § 63, Subpart PP ( July 1, 2012 July 1, 2014 ).A-122 Source: 25 SDR 123, effective April 4, 1999; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217,
effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25,

2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:18. National emission st andards for surface impoundments. The national emission standards for surface impoundments ar e those in 40 C.F.R. § 63, Subpart QQ ( July 1,

2012 July 1, 2014 ).

Source: 25 SDR 123, effective April 4, 1999; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217,
effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25,

2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:19. National emission sta ndards for individual drain systems. The national emission standards for individual drain system s are those in 40 C.F.R. § 63, Subpart RR ( July 1,

2012 July 1, 2014 ).A-123 Source: 25 SDR 123, effective April 4, 1999; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217,
effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25,

2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:20. National emission standards fo r oil-water separators and organic-water
separators. The national emission standards for o il-water separators and organic-water separators are those in 40 C.F.R. § 63, Subpart VV ( July 1, 2012 July 1, 2014 ).

Source: 25 SDR 123, effective April 4, 1999; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217,
effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25,

2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:20.01. National emission standards fo r closed vent systems, control devices, recovery devices, and routing to a fuel gas system or a process. The national emission standards for closed vent systems, control device s, recovery devices, an d routing to a fuel gas system or a process are those in 40 C.F.R. § 63, Subpart SS ( July 1, 2012 July 1, 2014 ).A-124 Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005;
32 SDR 209, effective June 13, 2006; 33 SD R 217, effective June 13, 2007; 36 SDR 207,
effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:20.02. National emission standards for equipment leaks. The national emission standards for equipment leaks -- control level 1 are those in 40 C.F.R. § 63, Subpart TT ( July 1, 2012 July 1, 2014 ). The national emission standards for equipment leaks -- control level 2 are those in 40 C.F.R. § 63, Subpart UU ( July 1, 2012 July 1, 2014 ).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005;
32 SDR 209, effective June 13, 2006; 33 SD R 217, effective June 13, 2007; 36 SDR 207,
effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:21. National emission standard s for hazardous air pollutants from the portland cement manufacturing industry. The national emission standards for the portland cement manufacturing industry are those in 40 C.F.R. § 63, Subpart LLL ( July 1, 2012 July 1,

2014 ).A-125 Source: 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217,
effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25,

2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:22. National emission standards fo r hazardous air pollutants for pesticide active ingredient production. The national emission standards for pesticide active ingredient production are those in 40 C.F.R. § 63, Subpart MMM ( July 1, 2012 July 1, 2014 ).

Source: 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217,
effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25,

2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:23. National emission standards fo r the printing and publishing industry. The national emission standards for the printing and publishing industry are those in 40 C.F.R. § 63, Subpart KK ( July 1, 2012 July 1, 2014 ).A-126 Source: 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217,
effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25,

2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:24. National emission standards fo r oil and natural gas production facilities.

The national emission standards for oil and natu ral gas production facilit ies are those in 40 C.F.R. § 63, Subpart HH ( July 1, 2012 July 1, 2014 ). A source that operates a unit subject to Subpart HH is exempt from the obligation to obtain a Part 70 operating permit if the unit is not required to install controls and if the source is not required to obtain a Part 70 operating permit

for a reason other than the source is subject to Subpart HH. Exempted sources must still meet the applicable requirements in Subpart HH.

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005;
32 SDR 209, effective June 13, 2006; 33 SD R 217, effective June 13, 2007; 36 SDR 207,
effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.A-127 74:36:08:25. National emission standards for natural gas transmission and storage

facilities. The national emission standards for natural gas transmission and storage facilities are those in 40 C.F.R. § 63, Subpart HHH ( July 1, 2012 July 1, 2014 ).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005;
32 SDR 209, effective June 13, 2006; 33 SD R 217, effective June 13, 2007; 36 SDR 207,
effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:26. National emission standard s for secondary aluminum production. The national emission standards for secondary alumin um production are those in 40 C.F.R. § 63, Subpart RRR ( July 1, 2012 July 1, 2014 ).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005;
32 SDR 209, effective June 13, 2006; 33 SD R 217, effective June 13, 2007; 36 SDR 207,
effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:27. National emission standa rds for publicly owned treatment works. The

national emission standards for publicly owned treatment works are those in 40 C.F.R. § 63, Subpart VVV ( July 1, 2012 July 1, 2014 ).A-128 Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005;
32 SDR 209, effective June 13, 2006; 33 SD R 217, effective June 13, 2007; 36 SDR 207,
effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:28. National emission standards for solvent extraction for vegetable oil production. The national emission standards for solv ent extraction of ve getable oil production

are those in 40 C.F.R. § 63, Subpart GGGG ( July 1, 2012 July 1, 2014 ).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005;
32 SDR 209, effective June 13, 2006; 33 SD R 217, effective June 13, 2007; 36 SDR 207,
effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:29. National emission standa rds for paper and other web coating. The national emission standards for pa per and other web coating are t hose in 40 C.F.R. § 63, Subpart JJJJ ( July 1, 2012 July 1, 2014 ).A-129 Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005;
32 SDR 209, effective June 13, 2006; 33 SD R 217, effective June 13, 2007; 36 SDR 207,
effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:30. National emission standard s for municipal solid waste landfills. The national emission standards for municipal solid wa ste landfills are those in 40 C.F.R. § 63, Subpart AAAA ( July 1, 2012 July 1, 2014 ).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005;
32 SDR 209, effective June 13, 2006; 33 SD R 217, effective June 13, 2007; 36 SDR 207,
effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:31. National emission standards for surface coating of metal furniture. The national emission standards for surface coating of metal furniture are those in 40 C.F.R. § 63, Subpart RRRR ( July 1, 2012 July 1, 2014 ).

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33
SDR 217, effective June 13, 2007; 36 SDR 207, e ffective June 28, 2010; 39 SDR 219, effective
June 25, 2013.A-130 General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:32. National emission standards for integrated iron and steel manufacturing facilities. The national emission standards for integrated iron and steel manufacturing are those in 40 C.F.R. § 63, Subpart FFFFF ( July 1, 2012 July 1, 2014 ).

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33
SDR 217, effective June 13, 2007; 36 SDR 207, e ffective June 28, 2010; 39 SDR 219, effective
June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:33. National emission standards for brick and structural clay products manufacturing. The national emission standards for brick and structural clay products manufacturing are those in 40 C.F.R. § 63, Subpart JJJJJ ( July 1, 2012 July 1, 2014 ).

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33
SDR 217, effective June 13, 2007; 36 SDR 207, e ffective June 28, 2010; 39 SDR 219, effective
June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.A-131 74:36:08:34. National emission standards fo r asphalt processing and asphalt roofing manufacturing. The national emission standards for asphalt processing and asphalt roofing manufacturing are those in 40 C.F.R. § 63, Subpart LLLLL ( July 1, 2012 July 1, 2014 ).

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33
SDR 217, effective June 13, 2007; 36 SDR 207, e ffective June 28, 2010; 39 SDR 219, effective
June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:35. National emission standards fo r flexible polyurethane foam fabrication operations. The national emission standards for fl exible polyurethane foam fabrication operations are those in 40 C.F.R. § 63, Subpart MMMMM ( July 1, 2012 July 1, 2014 ).

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33
SDR 217, effective June 13, 2007; 36 SDR 207, e ffective June 28, 2010; 39 SDR 219, effective
June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:36. National emission sta ndards for engine test cells/stands. The national emission standards for engine te st cells/stands are those in 40 C.F.R. § 63, Subpart PPPPP ( July
1, 2012 July 1, 2014 ).A-132 Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33
SDR 217, effective June 13, 2007; 36 SDR 207, e ffective June 28, 2010; 39 SDR 219, effective
June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:37. National emission standards fo r surface coating of miscellaneous metal parts and products. The national emission standards for su rface coating of miscellaneous metal parts and products as published in 40 C.F.R. § 63, Subpart MMMM ( July 1, 2012 July 1, 2014 ).

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33
SDR 217, effective June 13, 2007; 36 SDR 207, e ffective June 28, 2010; 39 SDR 219, effective
June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:38. National emission standards for reinforced plastic composites production. The national emission sta ndards for reinforced plas tic composites production are those in 40 C.F.R. § 63, Subpart WWWW ( July 1, 2012 July 1, 2014 ).

Source: 32 SDR 209, effective Ju ne 13, 2006; 33 SDR 217, effec tive June 13, 2007; 36
SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.A-133 General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:39. National emission standard s for stationary combustion turbines. The national emission standards for stationary com bustion turbines are those in 40 C.F.R. § 63, Subpart YYYY ( July 1, 2012 July 1, 2014 ).

Source: 32 SDR 209, effective Ju ne 13, 2006; 33 SDR 217, effec tive June 13, 2007; 36
SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:40. National emission standard s for stationary reciprocating internal combustion engines. The national emission standards for stationary reciprocating internal combustion engines are those in 40 C.F.R. § 63, Subpart ZZZZ ( July 1, 2012 July 1, 2014 ).

Source: 32 SDR 209, effective Ju ne 13, 2006; 33 SDR 217, effec tive June 13, 2007; 36
SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:41. National emission standa rds for industrial, commercial, and institutional boilers and process heaters. The national emission standards for industrial,A-134 commercial, and institutional boilers and proces s heaters are those in 40 C.F.R. § 63, Subpart DDDDD ( July 1, 2012 July 1, 2014 ).

Source: 32 SDR 209, effective Ju ne 13, 2006; 33 SDR 217, effec tive June 13, 2007; 36
SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:42. National emission standards for polyvinyl chloride and copolymers production. The national emission standards for pol yvinyl chloride and copolymers production are those in 40 C.F.R. § 63, Subpart J ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:43. National emission st andards for coke oven batteries. The national

emission standards for coke oven batteries are those in 40 C.F.R. § 63, Subpart L, ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013.A-135 General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:44. National emission sta ndards for pulp and paper industry. The national emission standards for pulp and paper industr y are those in 40 C.F.R. § 63, Subpart S, ( July 1,

2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:45. National emission standa rds for group I polymers and resins. The national emission standards for group I polymers a nd resins are those in 40 C.F.R. § 63, Subpart U, ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:46. National emission standards for epoxy resins production and non-nylon polyamides production. The national emission standards for epoxy resins production and non-A-136 nylon polyamides production are those in 40 C.F.R. § 63, Subpart W, ( July 1, 2012 July 1,

2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:47. National emission sta ndards for secondary lead smelting. The national emission standards for secondary lead smelti ng are those in 40 C.F.R. § 63, Subpart X ( July 1,

2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:48. National emission standards for phosphoric acid manufacturing plants. The national emission standards for phosphoric acid manufacturing plants are those in 40 C.F.R. § 63, Subpart AA ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013.A-137 General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:49. National emission standards for phosphate fertilizers production plants. The national emission standards for phosphate ferti lizers production plants are those in 40 C.F.R. § 63, Subpart BB ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:50. National emission st andards for petroleum refineries. The national emission standards for petroleum refineries are those in 40 C.F. R. § 63, Subpart CC ( July 1,

2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.A-138 74:36:08:51. National emission standards for off-site waste and recovery operations.

The national emission standards for off-site waste and recovery operations are those in 40 C.F.R. § 63, Subpart DD ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:52. National emission standa rds for magnetic tape manufacturing operations. The national emission standards for ma gnetic tape manufacturing operations are those in 40 C.F.R. § 63, Subpart EE ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:53. National emission standards for primary aluminum reduction plants. The national emission standards for primary alumin um reduction plants ar e those in 40 C.F.R. § 63, Subpart LL ( July 1, 2012 July 1, 2014 ).A-139 Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:54. National emission standards for chemical recovery combustion sources at kraft, soda, sulfite, and st and-alone semichemical pulp mills. The national emission standards for chemical recovery combustion sources at kraft, soda, sulfite, and stand-alone semichemical pulp mills are those in 40 C.F.R. § 63, Subpart MM ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013 General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:55. National emission standards fo r ethylene manufacturing process units -- Heat exchange systems and waste operations. The national emission standards for heat exchange systems and waste operations ar e those in 40 C.F.R. § 63, Subpart XX ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013 General Authority: SDCL 34A-1-6.A-140 Law Implemented: SDCL 34A-1-18.

74:36:08:56. Generic maximum achie vable control technology standards. The generic maximum achievable control technology standa rds are those in 40 C.F.R. § 63, Subpart YY ( July
1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:57. National emission standards fo r steel pickling -- HC1 process facilities and hydrochloric acid regeneration plants. The national emission standards for HC1 process facilities and hydrochloric acid regeneration pl ants are those in 40 C.F.R. § 63, Subpart CCC ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.A-141 74:36:08:58. National emission sta ndards for mineral wool production. The national emission standards for mineral wool production are those in 40 C.F.R. § 63, Subpart DDD ( July
1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:59. National emission standa rds for hazardous waste combusters. The

national emission standards for hazardous waste co mbusters are those in 40 C.F.R. § 63, Subpart EEE ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:60. National emission sta ndards for pharmaceutical production. The national emission standards for pharmaceutical pr oduction are those in 40 C.F.R. § 63, Subpart GGG ( July 1, 2012 July 1, 2014 ).A-142 Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:61. National emission standard s for group IV polymers and resins. The national emission standards for group IV polym ers and resins are those in 40 C.F.R. § 63, Subpart JJJ ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:62. National emission standa rds for wool fiberglass production. The national emission standards for wool fiberglass producti on are those in 40 C.F.R. § 63, Subpart NNN ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.A-143 74:36:08:63. National emission standards for manufacture of amino/phenolic resins.

The national emission standards for the manufactu re of amino/phenolic resins are those in 40 C.F.R. § 63, Subpart OOO ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:64. National emission standa rds for polyether polyols production. The national emission standards for polyether polyols production are those in 40 C.F.R. § 63, Subpart PPP ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:65. National emission sta ndards for primary copper smelting. The national emission standards for primary copper smelti ng are those in 40 C.F.R. § 63, Subpart QQQ ( July
1, 2012 July 1, 2014 ).A-144 Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:66. National emission sta ndards for primary lead smelting. The national emission standards for primary lead smelting are those in 40 C.F.R. § 63, Subpart TTT ( July 1,

2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:67. National emission standard s for petroleum refineries -- Catalytic cracking, catalytic reforming, and sulfur recovery units. The national emission standards for catalytic cracking, catalytic reform ing, and sulfur recovery units at petroleum refineries are those in 40 C.F.R. § 63, Subpart UUU ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.A-145 74:36:08:68. National emission sta ndards for ferroalloy production -- Ferromanganese and silicomanganese. The national emission standards for ferromanganese and silicomanganese production are thos e in 40 C.F.R. § 63, Subpart XXX ( July 1, 2012 July 1,

2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:69. National emission standards for the manufacture of nutritional yeast.

The national emission standards for the manufacture of nutritional yeast ar e those in 40 C.F.R. § 63, Subpart CCCC ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:70. National emission standards for plywood and composite wood products. The national emission standards for plywood a nd composite wood products are those in 40 C.F.R. § 63, Subpart DDDD ( July 1, 2012 July 1, 2014 ).A-146 Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:71. National emission standa rds for non-gasoline organic liquids

distribution. The national emission standards for non-ga soline organic liquids distribution are those in 40 C.F.R. § 63, Subpart EEEE ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:72. National emission standard s for miscellaneous organic chemical manufacturing. The national emission standards fo r miscellaneous organic chemical manufacturing are those in 40 C.F.R. § 63, Subpart FFFF ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.A-147 74:36:08:73. National emission standards for wet-formed fiberglass mat production.

The national emission standards for wet-formed fi berglass mat production are those in 40 C.F.R. § 63, Subpart HHHH ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:74. National emission standards for surface coating of automobiles and light duty trucks. The national emission standards for surf ace coating of automobiles and light duty trucks are those in 40 C.F.R. § 63, Subpart IIII ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:75. National emission standard s for surface coating of metal cans. The

national emission standards for su rface coating of metal cans are those in 40 C.F.R. § 63, Subpart KKKK ( July 1, 2012 July 1, 2014 ).A-148 Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:76. National emission standards for surface coating of large appliances. The national emission standards for surface coating of large appliances are those in 40 C.F.R. § 63, Subpart NNNN ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:77. National emission standards fo r printing, coating, and dyeing of fabrics

and other textiles. The national emission standards for printing, coating, and dyeing of fabrics

and other textiles ar e those in 40 C.F.R. § 63, Subpart OOOO ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.A-149 74:36:08:78. National emission standards for surface coating of plastic parts and products. The national emission standards for surface coating of plastic parts and products are those in 40 C.F.R. § 63, Subpart PPPP ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:79. National emission standard s for surface coating of wood building products. The national emission standards for surf ace coating of wood building products are those in 40 C.F.R. § 63, Subpart QQQQ ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:80. National emission standa rds for surface coating of metal coil. The national emission standards for surface coating of metal coil are those in 40 C.F.R. § 63, Subpart SSSS ( July 1, 2012 July 1, 2014 ).A-150 Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:81. National emission standa rds for leather finishing operations. The national emission standards for leather finishing operations are those in 40 C.F.R. § 63, Subpart TTTT ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:82. National emission standard s for cellulose products manufacturing. The national emission standards for cellulose products manufacturing are those in 40 C.F.R. § 63, Subpart UUUU ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 212, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.A-151 74:36:08:83. National emission st andards for boat manufacturing. The national emission standards for boat manufacturing are those in 40 C.F.R. § 63, Subpart VVVV ( July 1,

2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:84. National emission sta ndards for rubber tire manufacturing. The national

emission standards for rubber ti re manufacturing are those in 40 C.F.R. § 63, Subpart XXXX ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:85. National emission sta ndards for lime manufacturing plants. The national emission standards for lime manufacturing plants are those in 40 C.F.R. § 63, Subpart AAAAA ( July 1, 2012 July 1, 2014 ).A-152 Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:86. National emission standards for semiconductor manufacturing. The

national emission standards for semiconductor manufacturing are those in 40 C.F.R. § 63, Subpart BBBBB ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:87. National emission standards for coke ovens -- Pushing, quenching, and battery stacks. The national emission standards for c oke ovens are those in 40 C.F.R. § 63, Subpart CCCCC ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.A-153 74:36:08:88. National emission sta ndards for iron and steel foundries. The national

emission standards for iron and steel foundries are those in 40 C.F.R. § 63, Subpart EEEEE ( July
1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:89. National emission standards for site remediation. The national emission

standards for site remediation are th ose in 40 C.F.R. § 63, Subpart GGGGG ( July 1, 2012 July 1,

2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:90. National emission standards for miscellaneous coating manufacturing.

The national emission standards for miscellaneous coating manufacturing ar e those in 40 C.F.R. § 63, Subpart HHHHH ( July 1, 2012 July 1, 2014 ).A-154 Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:91. National emission standard s for mercury cell chlor-alkali plants. The national emission standards for mercury cell ch lor-alkali plants are th ose in 40 C.F.R. § 63, Subpart IIIII ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:92. National emission standa rds for clay ceramics manufacturing. The national emission standards for clay ceramics ma nufacturing are those in 40 C.F.R. § 63, Subpart KKKKK ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.A-155 74:36:08:93. National emission standards fo r flexible polyurethane foam production. The national emission standards for flexible poly urethane foam production are those in 40 C.F.R. § 63, Subpart III ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:94. National emission standard s for hydrochloric acid production. The national emission standards for hydrochloric acid production are those in 40 C.F.R. § 63, Subpart NNNNN ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:95. National emission standard s for friction materials manufacturing

facilities. The national emission standards for fricti on materials manufacturing facilities are those in 40 C.F.R. § 63, Subpart QQQQQ ( July 1, 2012 July 1, 2014 ).A-156 Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:96. National emission standards taconite iron ore processing. The national

emission standards for taconite iron ore processing are thos e in 40 C.F.R. § 63, Subpart RRRRR ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:97. National emission standard s for refractory products manufacturing. The national emission standards for refractory products manufacturing ar e those in 40 C.F.R. § 63, Subpart SSSSS ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.A-157 74:36:08:98. National emission sta ndards for primary magnesium refining. The national emission standards for primary magnesium refining are those in 40 C.F.R. § 63, Subpart TTTTT ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:99. National emission standards for polyvinyl chloride and copolymers production area sources. The national emission standard s for polyvinyl chloride and copolymers production area sources are t hose in 40 C.F.R. § 63, Subpart DDDDDD ( July 1,

2012 July 1, 2014 ). A source that operates a unit subjec t to Subpart DDDDDD is exempt from the obligation to obtain a Part 70 operating permit if th e source is not required to obtain a Part 70 operating permit for a reason other than the so urce is subject to Subpart DDDDDD. Exempted sources must still meet the applicable requirements in Subpart DDDDDD.

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.A-158 74:36:08:100. National emission standards for primary copper smelting area sources. The national emission standards for primary coppe r smelting area sources are those in 40 C.F.R. § 63, Subpart EEEEEE ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:101. National emission standard s for secondary copper smelting area

sources. The national emission standards for secondary copper smelting area sources are those in 40 C.F.R. § 63, Subpart FFFFFF ( July 1, 2012 July 1, 2014 ).

Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:102. National emission standard s for primary nonfer rous metals area sources -- Zinc, cadmium, and beryllium. The national emission standards for primary

nonferrous metals area sources are thos e in 40 C.F.R. § 63, Subpart GGGGGG ( July 1, 2012 July 1, 2014 ).A-159 Source: 33 SDR 217, effective Ju ne 13, 2007; 36 SDR 207, effec tive June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:103. National emission standards for hospital ethylene oxide sterilizers. The

national emission standards for hos pital ethylene oxide sterilizer s are those in 40 C.F.R. § 63, Subpart WWWWW ( July 1, 2012 July 1, 2014 ). A source that operates a unit subject to Subpart WWWWW is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart WWWWW. Exempted sources must still meet the applicable requirements in Subpart

WWWWW.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:104. National emission standard s for electric arc furnace steelmaking facility area sources. The national emission standards for ar ea sources -- electric arc furnace steelmaking facilities are those in 40 C.F.R. § 63, Subpart YYYYY ( July 1, 2012 July 1, 2014 ).

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6.A-160 Law Implemented: SDCL 34A-1-18.

74:36:08:105. National emission standards for iron and steel foundry area sources.

The national emission standards for iron and steel foundry area sources are those in 40 C.F.R. § 63, Subpart ZZZZZ ( July 1, 2012 July 1, 2014 ). A source that operates a unit subject to Subpart ZZZZZ is exempt from the obligation to obt ain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a r eason other than the source is subject to Subpart ZZZZZ. Exempted sources must still m eet the applicable requirements in Subpart

ZZZZZ.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:106. National emission standards for gasoline distributio n bulk terminals, bulk plants, and pipeline facilities. The national emission standa rds for gasoline distribution bulk terminals, bulk plants, and pipeline facili ties are those in 40 C. F.R. § 63, Subpart BBBBBB ( July 1, 2012 July 1, 2014 ). A source that operates a unit subject to Subpart BBBBBB is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart BBBBBB. Exempted sources must still meet the a pplicable requirement s in Subpart BBBBBB.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.A-161 General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:107. National emission standard s for gasoline dispensing facilities. The national emission standards for gasoline dispensi ng facilities are those in 40 C.F.R. § 63, Subpart CCCCCC ( July 1, 2012 July 1, 2014 ). A source that operates a unit subject to Subpart CCCCCC is exempt from the obligation to obtain a Part 70 operating permit if the sour ce is not required to obtain a Part 70 operating permit for a reason ot her than the source is subject to Subpart CCCCCC. Exempted sources must still meet th e applicable requirements in Subpart CCCCCC.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:108. National emission standard s for paint stripping and miscellaneous surface coating area sources. The national emission standa rds for paint stripping and miscellaneous coating area sources are t hose in 40 C.F.R. § 63, Subpart HHHHHH ( July 1, 2012 July 1, 2014 ). A source that operates a unit subject to Subpart HHHHHH is exempt from the obligation to obtain a Part 70 opera ting permit if the source is not required to obtain a Part 70 operating permit for a reason other than the sour ce is subject to Subpart HHHHHH. Exempted sources must still meet the appli cable requirements in Subpart HHHHHH.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.A-162 General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:109. National emission standa rds for acrylic and modacrylic fiber production area sources. The national emission standards for acrylic and modacrylic fiber production area sources are those in 40 C.F.R. § 63, Subpart LLLLLL ( July 1, 2012 July 1,

2014 ). A source that operates a unit subject to Subpart LLLLLL is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit

for a reason other than the sour ce is subject to Subpart LLLLLL. Exempted sources must still meet the applicable requirements in Subpart LLLLLL.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:110. National emission standards fo r carbon black production area sources.

The national emission standards for carbon black production area sources ar e those in 40 C.F.R. § 63, Subpart MMMMMM ( July 1, 2012 July 1, 2014 ).

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.A-163 74:36:08:111. National emission standards for chemical manufacturing area sources -- Chromium compounds. The national emission standards for chemical manufacturing area sources -- chromium compounds are thos e in 40 C.F.R. § 63, Subpart NNNNNN ( July 1, 2012 July 1, 2014 ). A source that operates a unit subject to Subpart NNNNNN is exempt from the obligation to obtain a Part 70 opera ting permit if the source is not required to obtain a Part 70 operating permit for a reason other than the sour ce is subject to Subpart NNNNNN. Exempted sources must still meet the appli cable requirements in Subpart NNNNNN.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:112. National emission standards fo r flexible polyurethane foam production

and fabrication area sources. The national emission standards for flexible polyurethane foam production and fabrication area sources are those in 40 C.F.R. § 63, Subpart OOOOOO ( July 1,

2012 July 1, 2014 ). A source that operates a unit subjec t to Subpart OOOOOO is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason other than the sour ce is subject to Subpart OOOOOO. Exempted sources must still meet the appli cable requirements in Subpart OOOOOO.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.A-164 74:36:08:113. National emission standards fo r lead acid battery manufacturing area

sources. The national emission standard s for lead acid battery manuf acturing area sources are those in 40 C.F.R. § 63, Subpart PPPPPP ( July 1, 2012 July 1, 2014 ). A source that operates a unit subject to Subpart PPPPPP is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart PPPPPP. Exempted sources must still meet the applicable requirements in Subpart PPPPPP.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:114. National emission standa rds for wood preserving area sources. The national emission standards for wood preserving area sources are those in 40 C.F.R. § 63, Subpart QQQQQQ ( July 1, 2012 July 1, 2014 ). A source that operates a unit subject to Subpart QQQQQQ is exempt from the obligation to obtain a Part 70 operating perm it if the source is not required to obtain a Part 70 oper ating permit for a reason other th an the source is subject to Subpart QQQQQQ. Exempted sources must still m eet the applicable requirements in Subpart QQQQQQ.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6.A-165 Law Implemented: SDCL 34A-1-18.

74:36:08:115. National emission standard s for clay ceramic manufacturing area

sources. The national emission standards for clay ceramic manufacturing area sources are those in 40 C.F.R. § 63, Subpart RRRRRR ( July 1, 2012 July 1, 2014 ). A source that operates a unit subject to Subpart RRRRRR is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 ope rating permit for a reason other than the source is subject to Subpart RRRRRR. Exempted sources mu st still meet the applicable requirements in Subpart RRRRRR.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:116. National emission standard s for glass manufacturing area sources. The national emission standards for glass manufactur ing area sources are those in 40 C.F.R. § 63, Subpart SSSSSS ( July 1, 2012 July 1, 2014 ).

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.A-166 74:36:08:117. National emission standards for secondary nonferrous metal processing area sources. The national emission standards for secondary nonferrous metal processing area sources are those in 40 C.F.R. § 63, Subpart TTTTTT ( July 1, 2012 July 1,

2014 ). A source that operates a unit subject to Subpart TTTTTT is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit

for a reason other than the sour ce is subject to Subpart TTTTTT. Exempted sources must still meet the applicable requirements in Subpart TTTTTT.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:118. National emission standards for plating and polishing area sources. The national emission standards for plating and polishing area sources are those in 40 C.F.R. § 63, Subpart WWWWWW ( July 1, 2012 July 1, 2014 ). A source that operates a unit subject to Subpart WWWWWW is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a re ason other than the source is subject to Subpart WWWW WW. Exempted sources must still meet the applicable requirements in Subpart WWWWWW.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.A-167 74:36:08:119. National emission standards for nine metal fabrication and finishing

area sources. The national emission standa rds for nine fabrication and finishing area sources are those in 40 C.F.R. § 63, Subpart XXXXXX ( July 1, 2012 July 1, 2014 ). A source that operates a unit subject to Subpart XXXXXX is exempt from the obligation to obta in a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart XXXXXX. Exempt ed sources must still meet the applicable requirements in Subpart XXXXXX.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:120. National emission standards for ferroalloys production area sources. The national emission standards for ferroalloys production area sources ar e those in 40 C.F.R. § 63, Subpart YYYYYY ( July 1, 2012 July 1, 2014 ). A source that operates a unit subject to Subpart YYYYYY is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a re ason other than the source is subject to Subpart YYYYYY. Exempt ed sources must still meet the applicable requirements in Subpart YYYYYY.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6.A-168 Law Implemented: SDCL 34A-1-18.

74:36:08:121. National emission standa rds for aluminum, copper, and other nonferrous foundry area sources. The national emission standards for aluminum, copper, and other nonferrous foundry area sources are those in 40 C.F.R. § 63, Subpart ZZZZZZ ( July 1,

2012 July 1, 2014 ). A source that operates a unit subject to Subpart ZZZZZZ is exempt from the obligation to obtain a Part 70 opera ting permit if the source is not required to obtain a Part 70 operating permit for a reason other than the so urce is subject to Subpart ZZZZZZ. Exempted sources must still meet the applicable requirements in Subpart ZZZZZZ.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:122. National emission standards for coal- and oil-fired electric utility steam generating units. The national emission standards for co al- and oil-fired electric utility steam generating units are those in 40 C.F.R. § 63, Subpart UUUUU ( July 1, 2012 July 1, 2014 ).

Source: 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.A-169 74:36:08:123. National emission standa rds for industrial, commercial, and

institutional boilers area sources. The national emission standard s for industrial, commercial,

and institutional boilers area sources ar e those in 40 C.F.R. § 63, Subpart JJJJJJ ( July 1, 2012 July 1, 2014 ). A source that operates a unit subject to Subpart JJJJJJ is exempt from the obligation to obtain a Part 70 opera ting permit if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart JJJJJJ. Exempted sources must still meet the applicable requirements in Subpart JJJJJJ.

Source: 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:124. National emission standards for chemical manufacturing area sources.

The national emission standards for chemical manuf acturing area sources are those in 40 C.F.R. § 63, Subpart VVVVVV ( July 1, 2012 July 1, 2014 ). A source that operates a unit subject to Subpart VVVVVV is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a re ason other than the source is subject to Subpart VVVVVV. Exempt ed sources must still meet the applicable requirements in Subpart VVVVVV.

Source: 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.A-170 74:36:08:125. National emission standards fo r asphalt processing and asphalt roofing manufacturing area sources. The national emission standard s for asphalt processing and asphalt roofing manufacturing area sources ar e those in 40 C.F.R. § 63, Subpart AAAAAAA ( July 1, 2012 July 1, 2014 ). A source that operates a uni t subject to Subpart AAAAAAA is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason ot her than the source is subject to Subpart AAAAAAA. Exempted sources must still meet the applicable requirements in Subpart

AAAAAAA.

Source: 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:126. National emission standards for chemical preparations industry area

sources. The national emission standards for chemical preparations industr y area sources are those in 40 C.F.R. § 63, Subpart BBBBBBB ( July 1, 2012 July 1, 2014 ). A source that operates a unit subject to Subpart BBBBBBB is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart BBBBBBB. Exempted sources must still meet the applicable requirements in Subpart BBBBBBB.

Source: 39 SDR 219, effective June 25, 2013.A-171 General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:127. National emission standards for paints and allied products manufacturing area sources. The national emission standards for paints and allied products manufacturing area sources are th ose in 40 C.F.R. § 63, Subpart CCCCCCC ( July 1, 2012 July 1, 2014 ). A source that operates a unit subject to Subpart CCCCCCC is exempt from the obligation to obtain a Part 70 opera ting permit if the source is not required to obtain a Part 70 operating permit for a reason other than the sour ce is subject to Subpa rt CCCCCCC. Exempted sources must still meet the appli cable requirements in Subpart CCCCCCC.

Source: 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:128. National emission standards for prepared feeds manufacturing area

sources. The national emission standards for prepar ed feeds manufacturing area sources are those in 40 C.F.R. § 63, Subpart DDDDDDD ( July 1, 2012 July 1, 2014 ). A source that operates a unit subject to Subpart DDDDDDD is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart DDDDDDD. Exempt ed sources must still meet the applicable requirements in Subpart DDDDDDD.A-172 Source: 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:129. National emission standard s for gold mine ore processing and production area sources. The national emission standards for gold mine ore processing and production area sources are those in 40 C.F.R. § 63, Subpart EEEEEEE ( July 1, 2012 July 1,

2014 ).

Source: 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

74:36:08:130. National emission standards for polyvinyl chloride and copolymers production. The national emission standards for pol yvinyl chloride and copolymers production

are those in 40 C.F.R. § 63, Subpart HHHHHHH ( July 1, 2012 July 1, 2014 ).

Source: 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

CHAPTER 74:36:09A-173 PREVENTION OF SIGNIFICANT DETERIORATION

Section 74:36:09:01 Applicability. 74:36:09:01.01 Prevention of significan t deterioration permit required.

74:36:09:02 Prevention of significant deterioration.

74:36:09:03 Public participation.

74:36:09:02. Prevention of significant deterioration. For the purposes of this chapter, the state's definitions and requirements for the prevention of significant deterioration are those in 40 C.F.R. § 52.21 ( July 1, 2012 July 1, 2014 ), except for 40 C.F.R. § 52.21(a)(1), (a )(2)(iv)(e), (b)(2)(iii)(h), (b)(3)(iii)(b), (b)(32), (b)(42), (b)(49)(v), (b)(55), (b)(56), (b)(57), (b)(58), (f), (k)(2), (q), (s), (t), (u), (x), (y), (z), and (cc) ( July 1, 2012 July 1, 2014 ) with the following differences:

(1) For the purposes of this section, all terms de fined in this section have the meaning defined in 40 C.F.R. § 52.21, except for the term "administrat or" which means the secretary with the following exceptions:

(a) In 40 C.F.R. §§ 52.21(b)(3)(iii) and 52.21(b )(37)(iii), the term "administrator" means either the secretary or the administrator of EPA, as applicable;

(b) In 40 C.F.R. §§ 52.21(w)(2) to 52.21(w)(4), inclusive, the term "administrator" means either the secretary or the administrator of EPA, as applicable;A-174 (c) In 40 C.F.R. §§ 52.21(b)(17); 52.21(b)(37)(i); 52.21(b)(43); 52.21(b)(48)(ii)(c); 52.21(b)(50)(i); 52.21(g)(1) to 52.21(g)(6), in clusive; 52.21(l)(2); and 52.21(p)(2) the term
"administrator" means the administrator of EPA;

(2) For the purposes of this section, the term "Act" means the Clean Air Act;

(3) For the purposes of this section, in 40 C.F. R. § 52.21(c), the Class I areas in South Dakota are

Wind Cave National Park and the Badlands National Park;

(4) For the purposes of this section, 40 C.F.R. § 52.21(b)(2)(iii)(a) is incorporated by reference excluding the second sentence which states, "Routine main tenance, repair and replacement shall include, but not be limited to, any activity(s) that meets the requirements of the equipment replacement provisions contained in paragraph (cc) of this section";

(5) For the purposes of this section, 40 C.F.R. § 52.21(v)(1) is incorporated by reference excluding the phrase, "under 40 CFR 124.10"; and

(6) For the purposes of this section, 40 C.F.R. § 52.21(w)(1) is incorporated by reference excluding the phrase, "expires under paragraph (s) of this section or"

. ;

(7) For the purposes of this section, 40 C.F.R. § 52.21(b)(49)(i) is incorporated by reference excluding the phrase, “through (v)”;

(8) For the purposes of this section, 40 C.F.R. § 52.21(b)(49)(ii), the term “ (b)(49)(iii) through (v)” means “(b)(49)(iii) through (iv)” ;

(9) For the purposes of this section, 40 C.F.R. § 52.21(b)(49)(iii) is incorporated by reference excluding the phrase, “through (v)”; andA-175 (10) For the purposes of this section, 40 C.F.R. § 52.21(b)(49)(iv)(b), the term “also will have an emissions increase of a regulated NSR pollutant” means “also will have a major modification of a regulated NS R pollutant that is not GHGs”.

The secretary shall transmit to the administrato r of the EPA a copy of each permit application subject to this section and shall notify the administra tor of the EPA of each significant action the secretary takes on the application.

If EPA stays or withdraws the regulation of greenhouse gases as identified in 40 C.F.R. § 52.21(w)(1) (July 1, 2012), or a court issues an order vacating or otherwise invalidating EPA's regulation of greenhouse gases for any reason, the re gulation of greenhouse gases by Article 74:36 are void as of the date of such administrative or judici al action and shall have no further force and effect.

Source: 19 SDR 157, effective April 22, 1993; 21 SD R 119, effective January 5, 1995; 30 SDR 26, effective September 1, 2003; 31 SDR 101, eff ective January 2, 2005; 33 SDR 43, effective September 18, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 37 SDR 182, effective April 20, 2011; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6, 34A-1-18. Law Implemented: SDCL 34A-1-18.

74:36:09:03. Public participation. For the purposes of this chapter, the state's public participation procedures are those in 40 C.F.R. § 51.166(q) ( July 1, 2012 July 1, 2014 ), excluding the phrase "The plan shall provide that..." w ith the following differences:

(1) For the purposes of this section, in 40 C.F.R. § 52.166(q) the phrase "reviewing authority" means the secretary;A-176 (2) For the purposes of this section, in 40 C.F.R. § 51.166(q)(1) the phrase "specified time period" means 60 days;

(3) For the purposes of this section, in 40 C.F.R. § 51.166(q )(2)(iv), the term
"administrator" means the administrator of EPA;

(4) For the purposes of this section, in 40 C.F.R. § 51.166(q)(2 )(iii), the phrase "Notify the public" shall consist of a public notice once in a legal newspaper in the county where the proposed source would be constructed. The public notice shall include a statement that a person may submit comments or contest the draft perm it within 30 days after the publication of the notice. The statement shall also describe the proc edures a person must follow to contest the draft permit and request a hearing in accordance with article 74:09;

(5) For the purposes of this section, in 40 C.F.R. § 51.166( q)(2)(v), a public hearing is required if a person contests the draft permit or contests the secretary's final determination and requests a hearing in accordan ce with article 74:09; and

(6) For the purposes of this section, in 40 C.F.R. § 51.166(q)(2)(viii), if a request for a contested case hearing is not submitted during the public notice period, the secretary shall make a final determination within 30 days of the end of the public comment period on the draft permit. The secretary shall notify, in writing, the ap plicant and each person that submitted written comments or requested notice of the final determin ation. The notice shall in clude reference to theA-177 procedures for contesting the final determinatio n and requesting a hearing in accordance with article 74:09 within 30 days of receiving the secretary's final determination. If no person comments on a draft permit, requests changes, or contests the draft permit during the public notice period, the draft permit automatically becomes the secretary's final determination and is issued at the end of the public notice period.

Source: 33 SDR 43, effective September 18, 2006; 36 SDR 207, effective June 28, 2010;
39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6, 34A-1-18. Law Implemented: SDCL 34A-1-18.

CHAPTER 74:36:10

NEW SOURCE REVIEW

Section 74:36:10:01 Applicability.

74:36:10:02 Definitions. 74:36:10:03 Repealed.

74:36:10:03.01 New source review preconstruction permit required. 74:36:10:04 Repealed. 74:36:10:05 New source review preconstruction permit.A-178 74:36:10:06 Causing or contributing to a violation of any national ambient air quality standard. 74:36:10:07 Determining credit for emission offsets. 74:36:10:08 Projected actual emissions. 74:36:10:09 and 74:36:10:10 Repealed.

74:36:10:02. Definitions. For the purposes of this chapte r, the definitions for new source review are those in 40 C.F.R. § 51.165(a)(1) , except for the second sentence of 40 C.F.R. § 51.165(a)(1)(v)(C)(1), and 40 C.F.R. § 51.165(a)(1 )(v)(G), (a)(1)(vi)(C )(3), (a)(1)(xliii), (a)(1)(xliv), (a)(1)(xlv), and (a)(1)(xlvi) ( July 1, 2012 July 1, 2014 ).

For the purposes of this chapter, th e term, Act, means the Clean Air Act.

For the purposes of this section, the term , reviewing authority, means the secretary.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 36 SDR 207,
effective June 28, 2010; 39 SD R 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.A-179 74:36:10:03.01. New source review preconstruction permit required. New major stationary sources or major modifications to ex isting major sources must obtain a preconstruction permit before beginning actual construction if they are located in the following areas:

(1) An attainment or unclassified area if the source would cause or contribute to a violation of any national ambi ent air quality standard; or

(2) An area designated nonattainment for any national ambient air quali ty standard if the source is major for the pollutant for which the area is designated nonattainment.

Except as provided by a plant-wide applicabil ity limit, a proposed project is considered a major modification to an existing major source if the proposed project meets the criteria in 40 C.F.R. § 51.165(a)(2)(ii)(A) to (F), inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005;
36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-6, 34A-1-21.

Note: The procedural requirements for obtaini ng a preconstruction permit under the new source review program are similar to the procedural requirements for a Part 70 source, such as a timely and complete application, completeness revi ew, statement of basis, public participation, and departmental recommendati on, as outlined in §§ 74:36:05: 08 to 74:36:05:20.01, inclusive.A-180 74:36:10:05. New source revie w preconstruction permit. A new source review preconstruction permit must satisfy the following criteria before beginn ing actual construction:

(1) All requirements for new source performa nce standards in chapter 74:36:07 that apply to the facility;

(2) Compliance with the lowest achievable emission rate (LAER);

(3) Certification of compliance that all other major sources, major modifications, or reconstructed facilities that are owned, operated, or controlled by the applicant either in whole or in part elsewhere in the state are in complia nce with all applicable emission limitations and
standards; and

(4) The total tonnage of increased emissions , in tons per year, resulting from a major

modification that must be offset shall be de termined by summing the difference between the

allowable emissions after the modification and th e actual emissions before the modification for
each emissions unit. Emissions offsets are determined in accordance with § 74:36:10:07.

The owner or operator may apply for a plant-wi de applicability limit. The procedures for a plant-wide allowable limit are those in 40 C.F.R. § 51.165(f)(1) to (f)(15), inclusive, ( July 1,

2012 July 1, 2014 ).A-181 Approval to construct does not relieve an owner or operator of the responsibility to comply fully with applicable provisions of this article or the Clean Air Act an d any other requirements
under local, state, or federal law.

Submission of preconstruction monitored or projected ambient air quality data, or both, from the proposed source must accompany the permit application. In addition, air quality dispersion modeling and meteorol ogical data for the prescribed area may be required by the department. Costs of these requirements must be absorbed by the proposed source.

Source: 7 SDR 4, effective July 27, 1980; transfe rred from § 44:10:01:16, effective July 1,
1981; 8 SDR 71, effective December 21, 1981; 10 SD R 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:16, 19 SDR 157, effective April 22,
1993; 21 SDR 119, effective Janua ry 5, 1995; 30 SDR 26, effec tive September 1, 2003; 31 SDR 101, effective January 2, 2005; 36 SDR 207, effectiv e June 28, 2010; 39 SDR 219, effective June
25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-22.

74:36:10:06. Causing or contributing to a violation of any national ambient air quality standard. This section applies to any major sta tionary source or major modification to an existing major source that is located in an at tainment or unclassifiabl e area that may cause or

contribute to violation of a nati onal ambient air quality standar d. A major stationary source orA-182 major modification to an existing major source is c onsidered to cause or c ontribute to a violation of a national ambient air quality standard if the source or m odification would, at a minimum, exceed the following significance levels at any lo cality that does not or would not meet the applicable national standard:

POLLUTANT AND SIGNIFICANT LEVELS

Averaging time (hours)

Annual 24 8 3 1

(1) SO2: 1.0 ug/m3 5 ug/m3 - 25 ug/m3 -
(2) PM10: 1.0 ug/m3 5 ug/m3 - - -
(3) PM2.5 0.3 ug/m3 1.2 ug/m3 - - - (4) (3) NO2: 1.0 ug/m3 - - - - (5) (4) CO - - 0.5 mg/m3 - 2 mg/m3

The owner or operator of a new major statio nary source or major modification to an existing major source may reduce the impact of its emissions on air quality by obtaining emission offsets to compensate for its adverse ambient impact where the new major source or major modification to an existing major source would otherwise cause or contribute to a

violation of the national ambient air quality standard. The procedur es for determining credit for
emission offsets are those in § 74:36:10:07.A-183 Source: 17 SDR 170, effective May 13, 1991; tr ansferred from § 74:26:01:16:02, 19 SDR 157, effective April 22, 1993; 30 SDR 26, effec tive September 1, 2003; 39 SDR 219, effective
June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.

74:36:10:07. Determining credit for emission offsets. The baseline for determining credit for emission offsets is the emission limit in effect at the time the application to construct is filed, except that the offset baseline is the actual emission of the unit from which offset credit is

obtained if the demonstration of reasonable fu rther progress and attainment of ambient air quality standards is based upon th e actual emission of sources located within a designated
nonattainment area; or if there is no applicable emission limit.

In determining credit for emission offset s the following criteria shall be met:

(1) All offsets must be for the same regula ted NSR pollutant, result in a net positive air quality benefit in the affected area, and be approved by the depart ment before issuance of the permit, even though they need not be in effect until the source commences operation. The offset

ratio of total actual emissions reductions to the em issions increase shall be at least 1 to 1 unless an alternative ratio is provided in accordance with the offset requirements in 40 C.F.R. § 51.165(a)(9)(ii) through 51.165(a)(9)(iv) ( July 1, 2012 July 1, 2014 );A-184 (2) External offsets or those emission lim itations from sources not owned, operated, or controlled by an applicant for a permit shall be made through a revision of the permit conditions of the participating source or sources. At no time may the baseline be exceeded;

(3) The permissible location of offsetting em issions shall be conducted in accordance with 40 C.F.R., Part 51, Appendix S, section IV.D ( July 1, 2012 July 1, 2014 );

(4) For an existing fuel combustion unit, cred it shall be based on the emission limit for the type of fuel being burned at the time the application to construct is filed. If the existing source agrees to switch to a cleaner fuel at some fu ture date, emission offs et credits based on the

allowable or actual emissions for the fuels invo lved may be allowed only if permit conditions specify an alternative control measure that w ould achieve the same de gree of emission reduction
if the source switched back to the dirtier fuel at some later date;

(5) Emission reductions achieved by shutting down an existing unit or curtailing production or operating hours below baseline levels may be cred ited if the reductions are permanent, quantifiable, federally enforceable, and the area has a federally-approved attainment plan. In addition, the shutdown or curtailed production must occu r after August 7, 1977, or less than one year before the date of submitting the pe rmit application, whichever is earlier. Emission reductions may be credited in the absence of a federally-appr oved attainment plan if the

shutdown or curtailment occurred on or after the date the application is filed for a new unit or if the applicant can establish that the proposed new unit is a replacement for the shutdown orA-185 curtailed unit, and the shutdown or curtailment occurred after August 7, 1977, or less than one year before the date of submitting the permit application, whichever is earlier;

(6) Except as set forth in 40 C.F.R. § 51.165(a)(3)(ii)(D) ( July 1, 2012 July 1, 2014 ), emission offset credit may not be allowed fo r replacing one hydrocarbon compound with another of lesser reactivity;

(7) Credit for emissions reduction may be cl aimed to the extent that the department has not relied on it in issuing a permit or in its demonstration of attainment or reasonable further

progress;

(8) If the emissions limit allows greater emissi ons than the potential to emit of the unit, the emission offset credit is allowed only for the co ntrol below the potential to emit of the unit; and

(9) All emission reductions claimed as o ffset credit must be federally enforceable.

Source: 7 SDR 4, effective July 27, 1980; tr ansferred from §§ 44:10:01:15 and 44:10:01:17, effective July 1, 1981; 8 SDR 71, effective December 21, 1981; 12 SDR 183, effective May 21, 1986; 13 SDR 129 , 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from §§ 74:26:01:15, 74:26:01:16.01, and 74:26:01:17, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effec tive January 5, 1995; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective Ja nuary 2, 2005; 36 SDR 207, effective June 28,
2010; 39 SDR 219, effective June 25, 2013.A-186 General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21, 34A-1-22.

74:36:10:08. Projected actual emissions. Any owner or operator who proposes a project for existing emissions units at a major statio nary source that is not considered a major modification based on projected actual emissions but may result in a significant emission increase shall comply with th e requirements in 40 C.F.R. § 51.165( a)(6)(i) to (v i), inclusive, ( July 1, 2012 July 1, 2014 ). This section does not apply to a source with a plant-wide applicability limit.

The owner or operator shall ma ke the information required to be documented in 40 C.F.R. § 51.165(a)(6)(i) to (v i), inclusive, ( July 1, 2012 July 1, 2014 ) available for review upon a request for inspection by the secretary or the general public pursuant to the requirements contained in 40 C.F.R. § 70.4(b)(3)(viii) ( July 1, 2012 July 1, 2014 ).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005;
36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.

CHAPTER 74:36:11A-187 PERFORMANCE TESTING

Section 74:36:11:01 Stack performance te sting or other testing methods. 74:36:11:02 Secretary may re quire performance tests. 74:36:11:03 Notice to department of performance test. 74:36:11:04 Testing new fu els or raw materials.

74:36:11:01. Stack performance testing or other testing methods. All stack performance tests or other test methods must be made in accordance with the applicable method specified in 40 C.F.R. § 60.17; Part 60, Appendix A; § 63.14; Part 63, Appendix A; and Part 51, Appendix M (all July 1, 2012 July 1, 2014 ).

Source: SL 1975, ch 16, § 1; 2 SDR 40, effectiv e December 7, 1975; transferred from § 34:10:05:01, 7 SDR 4, effective July 27, 1980; tr ansferred from § 44:10:05:01, effective July 1, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987;
14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from §§ 74:26:05:01, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101,A-188 effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28,
2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6, 34A-1-12. Law Implemented: SDCL 34A-1-12.

CHAPTER 74:36:12

CONTROL OF VISIBLE EMISSIONS

Section

74:36:12:01 Restrictions on visible emissions. 74:36:12:02 Exceptions to restrictions. 74:36:12:03 Exceptions granted to alfalfa palletizes or dehydrators.

74:36:12:01. Restrictions on visible emissions. The owner or operator of a source may not discharge into the ambient air from a single unit of emissions an air pollutant of a density equal to or greater than that designated as 20 percent opacity, as established by the Environmental Protection Agency's Met hod 9 in 40 C.F.R. Part 60, Appendix A ( July 1, 2012 July 1, 2014 ).A-189 Source: SL 1975, ch 16, § 1; transferred from § 34:10:03:01, 7 SDR 4, effective July 27,
1980; transferred from § 44:10:03:01, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:03:01, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4,
1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR
209, effective June 13, 2006; 36 SDR 207, effectiv e June 28, 2010; 39 SDR 219, effective June
25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.

74:36:12:03. Exceptions granted to alfalfa palletizes or dehydrators. The owner or operator of a facility th at pelletizes or dehydrates alfalfa, or that does both, may discharge into the ambient air an air pollutant of a density no gr eater than 30 percent opacity, as established by the Environmental Protection Agency's Method 9 in 40 C.F.R. Part 60, Appendix A ( July 1,

2012 July 1, 2014 ).

Source: 8 SDR 133, effective April 18, 1982; 11 SDR 151, effective May 12, 1985; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:03:05, 19 SDR 157, effective Apr il 22, 1993; 21 SDR 119, effective January 5,
1995; 31 SDR 101, effective Janu ary 2, 2005; 32 SDR 209, effec tive June 13, 2006; 36 SDR
207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.A-190 CHAPTER 74:36:13

CONTINUOUS EMISSION MONITORING SYSTEMS

Section 74:36:13:01 Secretary may require conti nuous emission monitoring systems (CEMS). 74:36:13:02 Minimum performance specificatio ns for all continuous emission monitoring
systems. 74:36:13:03 Reporting requirements. 74:36:13:04 Notice to department of exceedance. 74:36:13:05 Compliance determined by da ta from continuous emission monitor. 74:36:13:06 Compliance certification.

74:36:13:07 Credible evidence. 74:36:13:08 Compliance assurance monitoring.

74:36:13:02. Minimum performance specifi cations for all continuous emission monitoring systems. Minimum performance specificati ons for all continuous emission monitoring systems are those contained in 40 C. F.R. Part 60, Appendix B and 40 C.F.R. § 60.13 ( July 1, 2012 July 1, 2014 ).A-191 Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 26
SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209,
effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25,

2013. General Authority: SDCL 34A-1-6, 34A-1-12. Law Implemented: SDCL 34A-1-12.

74:36:13:03. Reporting requirements. Owners or operators of those sources required to install continuous emission monitoring system s shall observe the reporting requirements contained in 40 C.F.R. § 60.7 ( July 1, 2012 July 1, 2014 ). All records must be made available to the department on request.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 26
SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209,
effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25,

2013. General Authority: SDCL 34A-1-6, 34A-1-12. Law Implemented: SDCL 34A-1-12.

74:36:13:04. Notice to de partment of exceedance. Any emissions that exceed the standards listed in 40 C.F.R. Part 60 ( July 1, 2012 July 1, 2014 ) or this article that are detected through continuous emission monitoring systems (C EMS) must be reported to the department

within the time constraints as determined by the secretary in the permit to operate.A-192 Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 26
SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209,
effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25,

2013. General Authority: SDCL 34A-1-6, 34A-1-12. Law Implemented: SDCL 34A-1-12.

74:36:13:06. Compliance certification. Notwithstanding any other provision in any plan approved by the administrator, for the purpose of submission of complia nce certifications an owner or operator may use monitoring as required under 40 C.F.R. § 70.6(a)(3) ( July 1, 2012 July 1, 2014 ) and incorporated into a federally enfo rceable operating permit in addition to any specified compliance methods.

Source: 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective January 2, 2005;
32 SDR 209, effective June 13, 2006; 36 SD R 207, effective June 28, 2010; 39 SDR 219,
effective June 25, 2013. General Authority: SDCL 34A-1-6, 34A-1-12. Law Implemented: SDCL 34A-1-12.

74:36:13:07. Credible evidence. Notwithstanding any other provision, any credible evidence may be used for the purpose of establis hing whether a person ha s violated or is in violation of a plan. Credible evidence is as follows:A-193 (1) Information from the use of the followi ng methods is presumptiv ely credible evidence

of whether a violation has occurred at the source:

(a) A monitoring method approved for th e source pursuant to 40 C.F.R. § 70.6(a)(3) ( July 1, 2012 July 1, 2014 ) and incorporated in a federally enforceable operating permit;

(b) Compliance methods specifi ed in the appli cable plan; and

(2) The following testing, monitoring, or information gathering methods are presumptively credible testing, monito ring, or information-gathering methods;

(a) Any federally enforceable monitoring or testing methods, including those in 40 C.F.R. Parts 51, 60, 61, and 75 ( July 1, 2012 July 1, 2014 );

(b) Other testing, monitoring, or in formation-gathering methods that produce information comparable to that produced by a ny method in subdivision (1 ) or (2)(a) of this

section.

Source: 21 SDR 119, effective January 5, 1995; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207,
effective June 28, 2010; 39 SD R 219, effective June 25, 2013. General Authority: SDCL 34A-1-6, 34A-1-12.A-194 Law Implemented: SDCL 34A-1-12.

74:36:13:08. Compliance assurance monitoring. The owner or operator of a unit that is subject to 40 C.F.R. § 64.2 ( July 1, 2012 July 1, 2014 ), must comply with 40 C.F.R. §§ 64.1 and 64.3 to 64.10, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 25 SDR 123, effective Ap ril 4, 1999; 26 SDR 168, eff ective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207,
effective June 28, 2010; 39 SD R 219, effective June 25, 2013. General Authority: SDCL 34A-1-6, 34A-1-12. Law Implemented: SDCL 34A-1-12.

CHAPTER 74:36:16

ACID RAIN PROGRAM

Section 74:36:16:01 General provisions. 74:36:16:02 Allowance system.

74:36:16:03 Reserved. 74:36:16:04 Continuous emission monitoring. 74:36:16:05 Nitrogen oxides emission reduction.A-195 74:36:16:01. General provisions. The following provisions are incorporated by reference: 40 C.F.R. §§ 72.2 to 72.85, inclusive, ( July 1, 2012 July 1, 2014 ) except for the following definitions in § 72.2: Environmental Appeals Board, EPA trial staff, ex parte communication, hearing clerk, presiding officer, a nd state operating permit program and except for §§ 72.4, 72.5, 72.6(c), 72.10, 72.12, 72.13, 72.20, 72.23 to 72.25, inclusive, 72.60 to 72.71, inclusive, 72.73, and 72.74. For the purposes of this chapter, "administrator" means the secretary, except for those authorities which cannot be delegated to the state, in which case "administrator" means the administrator of the Environmental Protection Agency.

Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 26
SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209,
effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25,

2013. General Authority: SDCL 34A-1-6, 34A-1-18. Law Implemented: SDCL 34A-1-18.

74:36:16:02. Allowance system. The allowance system for the acid rain program is that in 40 C.F.R. §§ 73.1 to 73.53, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 26
SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209,A-196 effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25,

2013. General Authority: SDCL 34A-1-6, 34A-1-18. Law Implemented: SDCL 34A-1-18.

74:36:16:04. Continuous emission monitoring. The continuous emission monitoring requirements for the acid rain program are those in 40 C.F.R. §§ 75.1 to 75.67, inclusive, ( July 1,

2012 July 1, 2014 ) and Appendixes A to H, inclus ive, to 40 C.F.R. Part 75 ( July 1, 2012 July 1,

2014 ).

Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 26
SDR 168, effective June 24, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209,
effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25,

2013. General Authority: SDCL 34A-1-6, 34A-1-18. Law Implemented: SDCL 34A-1-18.

74:36:16:05. Nitrogen oxide s emission reduction. The nitrogen oxides emission reduction requirements for the acid rain pr ogram are those in 40 C.F.R. §§ 76.1 to 76.16, inclusive, ( July 1, 2012 July 1, 2014 ).

Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 26
SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209,A-197 effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25,

2013. General Authority: SDCL 34A-1-6, 34A-1-18. Law Implemented: SDCL 34A-1-18.

CHAPTER 74:36:18

REGULATIONS FOR STATE FACILITI ES IN THE RAPID CITY AREA

Section

74:36:18:01 Definitions. 74:36:18:02 Applicability. 74:36:18:03 Permit required. 74:36:18:04 Time period for permits and renewals. 74:36:18:05 Required contents of a complete application for a permit. 74:36:18:06 Contents of permit. 74:36:18:07 Permit expiration. 74:36:18:08 Renewal of permit. 74:36:18:09 Reasonably availabl e control technology required.

74:36:18:10 Visible emissions limit for cons truction and continuous operation activities. 74:36:18:11 Exception to visible emission limit. 74:36:18:12 Notice of operating noncompliance -- Contents.A-198 74:36:18:10. Visible emission limit for construction and continuous operation

activities. The owner or operator of a st ate facility or state contractor may not discharge into the ambient air from a fugitive source an air pollutant of a density equal to or greater than that designated as 20 percent opacity for a series of tw o minute averages with a minimum of a total of six minutes of readings. The Environmental Prot ection Agency's Method 9 in 40 C.F.R. Part 60, Appendix A ( July 1, 2012 July 1, 2014 ) shall be used to determine the opacity.

Source: 28 SDR 178, effective July 1, 2002; 36 SDR 207, effective June 28, 2010; 39
SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-47, 34A-1-49.

CHAPTER 74:36:20

CONSTRUCTION PERMITS FOR NE W SOURCES OR MODIFICATIONS

Section 74:36:20:01 Applicability. 74:36:20:02 Construction permit required. 74:36:20:02.01 Initiating constructi on prior to permit issuance. 74:36:20:03 Construction permit exemption. 74:36:20:04 Emission unit exemptions.A-199 74:36:20:05 Standard for issu ance of construction permit. 74:36:20:05.01 Procedures for an insignific ant increase in a llowable emissions. 74:36:20:06 Timely and complete applic ation for a construction permit required. 74:36:20:07 Required contents of complete application for a construction permit. 74:36:20:08 Applicant required to su pplement or correct application. 74:36:20:09 Permit applica tion -- Completeness review. 74:36:20:10 Time period for department's recommendation. 74:36:20:11 Public participation in permitting process. 74:36:20:12 Public review of department's draft permit. 74:36:20:13 Final permit decision -- Notice to interested persons. 74:36:20:14 Right to petition for contested case hearing. 74:36:20:15 Contents of construction permit. 74:36:20:16 Administrative permit amendment. 74:36:20:17 Procedures for administrative permit amendments. 74:36:20:18 Reopening construction permit for cause.

74:36:20:19 Procedures to reopen construction permit. 74:36:20:20 Construction permit does not exempt from other requirements. 74:36:20:21 Expiration of a construction permit. 74:36:20:22 Notice of constructing or operating noncompliance -- Contents.

74:36:20:23 Petition for conteste d case or alleged violation.

74:36:20:24 Circumvention of emissions not allowed. 74:36:20:02. Construction permit required. A person may not c onstruct, install, modify, or operate any source or unit likely to cause the emission of air pollutants into theA-200 ambient air or any equipment that prevents or controls the emission of air pollutants into the ambient air until a construction permit has been issued by the board or the secretary, except as specified unless it meets the requirements in § 74:36:20:02.01.

Source: 36 SDR 207, effective June 28, 2010; 37 SDR 182, effective April 20, 2011. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.

74:36:20:02.01. Initiating construc tion prior to permit issuance. The owner or operator of a new source or modification to an existing source may only install concrete foundations, below-ground plumbing, ductwork, associated infrastructure and excavation work, or any

combination of these activities initiate construction prior to issuance of the construction permit by the department if the owner or oper ator meets the following requirements:

(1) The owner or ope rator has submitted a complete application for a construction permit application to the department in accordance with § 74:36:20:06 and received a completeness determination from the department in accordance with § 74:36:20:09;

(2) The owner or operator has submitted a notification to the department of its intentions to initiate construction prior to issuance of th e construction permit five working days before initiating construction;A-201 (3) The new source or modification to an exis ting source is not subject to chapter 74:36:09 or 74:36:10. The provisi ons in chapter 74:36:09 or 74:36: 10 remain applicable until the new source or modification to an existing source le gally obtains a construction permit with federally enforceable conditions which limit the sources poten tial to emit below the applicable thresholds in chapter 74:36:09 or 74:36:10;

(4) The new source or modification to an existing source is not subject to § 74:36:08:03.01. The provisions in § 74:36:08:03.01 remain applicable until the new source or modification to an existing source legally obtains a construction permit with federally enforceable conditions which limit the sources poten tial to emit below the applicable thresholds
in § 74:36:08:03.01;

(5) The owner or operator must assume any liability for construction conducted on a source before the permit is issued and in no case will the applicant be allowed to operate the equipment in any way that may emit any air po llutant prior to receiving a construction permit ;

(6) The owner or operator must cease co nstruction if the depa rtment's evaluation

demonstrates the construction of the new sour ce or modification to th e existing source will

interfere with the attainment or maintenance of a national ambient air quality standard or

increment
. ; and

(7) The owner or operator will be required to make any changes to the new source or modification of an existing source that may be imposed in the issued construction permit.A-202 Source: 37 SDR 182, effective April 20, 2011. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.

74:36:20:05. Standard for issuan ce of construction permit. A construction permit for a new source or modification to an existing source ma y be issued only if it has been shown that the operation of the new source or modification to an existing source will not prevent or interfere with the attainment or maintenance of an applicable national ambient air quality standard. Compliance with this requirement as determin ed by air pollution dispersion modeling shall be based on modeling performed in accordance with 40 C.F.R. Part 51, Appendix W ( July 1, 2012 July 1, 2014 ) and is not affected by stack height th at exceeds good engineering practice or by any other dispersion technique as defined in 40 C.F.R. § 51.100 ( July 1, 2012 July 1, 2014 ).

Each new source or modification to an existin g source must comply with emission limits and other requirements of the act and the Clean Air Act. The construction permit must include reasonable conditions, including adherence to plans and specifi cations, to ensure compliance with the act, the Clean Air Act, and any other conditions justified under SDCL 34A-1-19.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6, 34A-1-19, 34A-1-21. Law Implemented: SDCL 34A-1-21.A-203 74:36:20:05.01. Procedures for an insignif icant increase in allowable emissions. The department shall take the following final acti on on the proposed insignificant increase in allowable emissions within 90 days after receipt of a complete application for an insignificant increase in allowable emissions:

(1) Issue the construction permit as proposed; (2) Deny the application for a construction permit; or (3) Determine the application should be pr ocessed as a construction permit following the procedural requirements in §§ 74:36:20:06 to 74:26:20:10, inclusive.

The secretary shall issue the construction permit for an insignificant increase in allowable emissions without the procedural requirement s applicable to obtaining a construction permit.

Source: General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.

CHAPTER 74:36:21

REGIONAL HAZE PROGRAMA-204 Section 74:36:21:01 Applicability.

74:36:21:02 Definitions. 74:36:21:03 Existing stati onary facility defined. 74:36:21:04 Visibility impact analysis.

74:36:21:05 BART determination.

74:36:21:06 BART determination for a BA RT-eligible coal-fired power plant.

74:36:21:07 Installation of controls based on visibility impact analysis or BART

determination. 74:36:21:08 Operation and maintenance of controls. 74:36:21:09 Monitoring, reco rdkeeping, and reporting.

74:36:21:10 Permit to construct. 74:36:21:11 Permit required for BART determination.

74:36:21:12 Federal land mana ger notification and review.

74:36:21:02. Definitions. Unless otherwise specified, the te rms used in this chapter mean:

(1) "Adverse impact on visibility," visibi lity impairment that interferes with the management, protection, preservation, or enjoymen t of the visitor's visual experience of the mandatory Class I federal area. Adverse impact on visibility shall be based on a case-by-case basis taking into account the geographic extent, intensity, duration, frequency, and time ofA-205 visibility impairment, and how these factors corr elate with times of vis itor use of a mandatory Class I federal area and the frequency and timing of natural conditions th at reduce visibility;

(2) "BART," best avai lable retrof it technology;

(3) "Best available retrof it technology" an emission limitation based on the degree of reduction achievable through the ap plication of the best system of continuous emission reduction for each pollutant that is emitted by an existing stationary facility. The emission limitation must be established, on a case-by-case basis, taking into considerati on the technology available, the costs of compliance, the energy and nonair quality environmenta l impacts of compliance, any pollution control equipment in use or in existence at the source, the remaining useful life of the source, and the degree of improvement in visibility that may reasonable be anticipated to result from the use of such technology;

(4) "BART-eligible source," an existing stationary facility;

(5) "Coal-fired power pl ant," any person, corporation, limited liability company, association, company, partnership, political subdivi sion, municipality, rural electric cooperative, consumers power district, or any group or comb ination acting as a unit, owning or holding under lease, or otherwise real property used, or intended for use, for the conversion of coal into electric

power;A-206 (6) "Contribute to adverse impact on visibilit y," a change in visibility impairment in a mandatory Class I federal area of five-tenths deciviews or mo re, based on a 24-hour average, above the average natural visibility baseli ne. A source exceeds th e threshold if the 98 th percentile (eighth highest value) of the modeling results, based on one year of the three years of meteorological data modeled, equals or exceeds five-tenths deciviews;

(7) "Major source," as define d in § 74:36:01:08(2) and (3);

(8) "Mandatory Class I federal area," a ny area identified in 40 C.F.R. § 81, Subpart D ( July 1, 2012 July 1, 2014 );

(9) "Visibility impairment," any human perceptible change in visibility such as light extinction, visual range, contrast , coloration, from that which w ould have existed under natural
conditions;

(10) "30-day rolling average," expressed as pounds per million Btus and pounds per hour and calculated in accordance with the following procedures:

(a) Sum the total pounds of pollutant in question emitted from a unit during an operating day and the previous 29 operating days;

(b) Sum the total heat input to the unit in million Btus during the operating day and the previous 29 operating days;A-207 (c) Sum the total hours the unit operated in hours during the day and the previous 29 operating days;

(d) For pounds per million Btus, divide the total number of pounds of the pollutant emitted during the 30-day operating days by the total heat input during the 30-day operating days;

(e) For pounds per hour, divide the to tal number of pounds of the pollutant emitted during the 30-day operating days by the total hou rs operated during the 30-day operating days.

A new 30-day rolling average shall be calcu lated for each new operating day. Each 30-day rolling average shall represent all emissions, in cluding emissions that occur during periods of startup, shut down, and malfunction; and

(11) "Operating day," a 24-hour period be tween 12 midnight and the following midnight during which any fuel is combusted at any time in the unit. It is not necessary for fuel to be combusted the entire 24-hour period.

Source: 37 SDR 111, effective December 7, 2010; 38 SDR 39, effective September 19,
2011; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.A-208 74:36:21:04. Visibility impact analysis. The owner or operator of a new major source or modification to a major source shall demonstrate to the department that the potential to emit from the new major source or modification to a major source will not contribute to adverse impact on visibility in any mandatory Class I fe deral area. The demonstra tion shall be based on visibility models approved in 40 C.F.R. § 51, Subpart W ( July 1, 2012 July 1, 2014 ).

Source: 37 SDR 111, effective December 7, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.

74:36:21:05. BART determination. The owner or operator of a BART-eligible source that emits any air pollutant which may reasonably be anticipated to contribute to adverse impact on visibility in any mandatory Class I federa l area shall submit a BART determination. The BART determination shall follow the proced ures outlined in 40 C.F.R. § 51, Subpart Y ( July 1,

2012 July 1, 2014 ) and must be based on an analysis of th e best system of continuous emission control technology available and associated em ission reductions achievable for each BARTeligible source. In this analysis, the BART de termination must take into consideration the technology available, the costs of compliance, the energy and nonair quality environmental impacts of compliance, any pollu tion control equipment in use at the source, the remaining useful life of the source, and the degree of impr ovement in visibility that may reasonably be anticipated to result from the use of such technology. Th e BART determination shall be submitted within nine months after being notified by the department that the existing stationaryA-209 source is reasonably anticipated to contribute to adverse impact on visibility in any mandatory

Class I federal area.

Source: 37 SDR 111, effective December 7, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.

74:36:21:09. Monitoring, recordkeeping, and reporting. The owner or operator required to install and operate co ntrols established in a visibili ty impact analysis or BART determination shall conduct periodic monito ring, recordkeeping, and reporting. All sulfur dioxide and nitrogen oxides emissions from the BART -eligible source shall be routed to the main stack of a BART-eligible source. The owner or ope rator of a BART-eligible source shall install, certify, maintain, calibrate, a nd operate a continuous emission monitoring system for sulfur dioxide and nitrogen oxide in accordance with 40 C.F.R. Part 75 ( July 1, 2012 July 1, 2014 ), except the recordkeeping and re porting requirements for the continuous emission monitoring systems shall be in accordance with 40 C.F.R. § 60.7 ( July 1, 2012 July 1, 2014 ). Monitoring and related recordkeeping and reporting require ments for other air pollutants from a BARTeligible source or from a major source or modifi cation of a major source shall consist of at least the following:

(1) All emissions monitoring and analysis pr ocedures, alternative approved methods, or test methods required in determining co mpliance with §§ 74:36:21:04 and 74:36:21:06;A-210 (2) As necessary, documentation of the use, ma intenance, and if appropriate, installation of monitoring equipment or methods;

(3) Documentation of the following:

(a) The date, place, and time of sampling or measurements; (b) The date or dates analyses were performed; (c) The company or entity that performed the analyses; (d) The analytical techniques or methods used; (e) The results of such analyses; and (f) The operating conditions as existi ng at the time of sampling or measurement;

(4) Recordkeeping and reporting requirem ents that comply with the following:

(a) Submission of reports of any required monitoring must occur at least every six months. Reports must clearly identify all ex ceedances with §§ 74:36:21:04 and 74:36:21:06. All required reports must be certified by a responsible official; and

(b) Exceedances of §§ 74:36:21:04 and 74:36: 21:06, including those attributable to upset conditions. The probable cause of such exceedance and any corr ective actions or preventive measures taken must be promptly reported and certified by a res ponsible official; andA-211 (5) Requirements for retention of monito ring records and all supporting documentation for at least five years from the date of the monito ring sample, measurement, report, or application.

Source: 37 SDR 111, effective December 7, 2010; 38 SDR 39, effective September 19,
2011; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.Three hundred fifty
- second meeting Room 41 4

Monday State Capitol September 21 , 2015 Pierre, South Dakota
The t hree hundred f ifty

- second meeting of the Rules Review Committee was called to order by Senator Mike Vehle (Chair) at 10:0 0 a .m., CT, on September 21 , 2015 , in Room 41 4 at the State Capitol, Pierre, South Dakota. A quorum was determined with the following members answering the roll call: Senator s Jim Bradford, Phyllis Heineman and Mike Vehle (Chair) and Representative s Peggy Gibson , and Jean Hunhoff

. Member excused: Timothy Johns (Vice Chair). Staff member s present were Doug Decker, Code Counsel , and Kris Schneider, Senior Legislative Secretary

. All material distributed at the meeting is attached to the original minutes on file in the Legislative Research Council (LRC). For the purpose of continuity, th ese minutes are not necessarily in chronological order. This meeting was recorded by South Dakota Public Broadcasting. The archived recording is available at the LRC website at http://legis.sd.gov under "Interim." Approval of Minutes Representative Gibson moved, seconded by Senator Heinema n , that the minutes of the August 17

, 2015, meeting be approved. M otion prevailed on a voice vote

. Rules Reviewed Department of Transportation

– Adopt rules to provide guidance to local public agencies for submission of a county highway and bridge improvement plan and set forth the application process, timelines, guidelines and criteria that will be used to award and distribute funds from the ne wly created Bridge Improvement Grant fund. Mr. Bill Nevin, Ms. Laurie Schultz, Mr. Doug Kinniburgh , and Mr. Joel Jundt reviewed the proposed rules and the process that had been followed

. A short break was taken due to technical difficulties with the South Dakota Public Broadcasting audio live stream. Representative Hunhoff moved, seconded by Representative Gibson , that the review of the rules proposed by the Department of Transportatio n is complete. M otion prevailed on a roll 

# Rules Review Committee MinutesRules Review Committee

September 21 , 2015 Page 2 of 4

call vote with 5 ayes, 1 excused. Members voting aye: Bradford, Gibson, Heineman, Hunhoff, and Vehle. Member excused: Johns. Department of Labor and Regulation: Division of Banking: SD Public Deposit Protection C ommission

– Amend rules to modify the information required to be reported by public depositories to include the amount and number of public demand and time deposits over the amount of deposit insurance provided by the FDIC rather than the total amount and number of public demand and time deposits, remove trust companies from the list of entities eligible to receive public deposits, correct typographical errors, make certain form and style edits, and specify the information that must be reported to the commi ssion for any certificate of deposit pledged to secure public deposits, eliminate the requirement that liability reports to the Public Deposit Protection Commission be sworn before a notary, delete an outdated cross - reference, add certificates of deposit t o the existing process for pledging eligible collateral, change the value of surety bonds pledged as security for public deposits from 110% of the value of the public deposits to be secured to 100%, change the required value of eligible collateral pledged as security for public deposits from 110% of the value of the public deposits to be secured to 100%, delete an outdated statutory reference, and allow certificates of deposits to be pledged as eligible collateral by public depositories.
Mr. Bret Afdahl reviewed the proposed rules.
Senator Vehle moved, seconded by Senator Heineman , that the review of the rules proposed by the Department of Labor and Regulation: Division of Banking: SD Public Deposit Protection Commission is complete. M otion prevailed o n a roll call vote with 5 ayes, 1 excused. Members voting aye: Bradford, Gibson, Heineman, Hunhoff, and Vehle. Member excused: Johns. Department of Labor and Regulation: Division of Insurance

– Adopt rules to update the South Dakota Division of Insurance 's contact information, incorporate the 2015 Medicare coverage amounts, and update the sources referenced.
Ms. Mallori Barnett reviewed the proposed rules. Representative Gibson moved, seconded by Senator Heineman , that the review of the rules proposed by the Department of Labor and Re gulation: Division of Insurance is complete. M otion prevailed on a roll call vote with 5 ayes, 1 excused. Members voting aye: Bradford, Gibson, Heineman, Hunhoff, and Vehle. Member ex cused: Johns. Department of Labor and Regulation: Division of Securities

– Adopt a rule to allow the division to conduct a Fairness Hearing. Ms. Erin Menkhaus, Mr. Quincy Kjerstad, and Mr. Mike Youngberg reviewed the proposed rule.
Senator Heineman moved, seconded by Representative Gibson , that the review of the rule proposed by the Department of Labor and Regulation: Division of Securities is complete.Rules Review Committee

September 21 , 2015 Page 3 of 4

M otion prevailed on a roll call vote with 5 ayes, 1 excused. Members voting aye: Bradford, Gibson, Heineman, Hunhoff, and Vehle. Member excused: Johns. Department of Environment and Natural Resources: Board of Minerals and Environment

– Amend Air Pollution Control Program rules to adopt revisions to federal regulations, clarify existing regulations, and streamline the existing air quality permitting process for specific types of operations. Mr. Kyrik Rombough reviewed the proposed rules.
Senator Vehle moved, seconded by Senator Bradford , that the review of the rules proposed by the Department of Environment and Natural Resources: Board of Minerals and Environment is complete. M otion prevailed on a roll call vote with 5 ayes, 1 excused. Members voting aye: Bradford, Gibson, Heineman, Hunhoff, and Vehle. Member excused: Johns. Depart ment of Social Services

– Amend Economic Assistance, Medical Services, and Adult Services and Aging rules to repeal unnecessary rules, update the Department's website, update coding from ICD

- 9 to ICD

- 10 to comply with federal regulations, update the guidel ines for terminology and coding to the most recent versions available, update claim requirements and provide more information for providers and recipients via the Department's website.
Ms. Teresa Schulte and Ms. Sarah Aker reviewed the proposed rules.
Re presentative Hunhoff moved, seconded by Senator Heineman, that the review of the rules proposed by the Department of Social Services is complete. M otion prevailed on a roll call vote with 5 ayes, 1 excused. Members voting aye: Bradford, Gibson, Heineman, Hunhoff, and Vehle. Member excused: Johns Department Health: Division of Health Systems Development and Regulation

– Amend rules to update and create separate Articles for each health care provider currently regulated in Article 44:04, to allow facilities the ability to consider inclusion of operators of X ray equipment to meet federal provisions of electronic health records, and designate geographic areas for the redistribution of nursing facility beds.
Mr. Tom Martinec and Mr. Bob Stahl reviewed the proposed rules. Representative Gibson moved, seconded by Senator Vehle , that the review of the rules proposed by the Department Health: Division of Health Systems Development and Regulation is complete. M otion prevailed on a roll call vote with 5 ayes, 1 excused. Members voting aye: Bradford, Gibson, Heineman, Hunhoff, and Vehle. Member excused: Johns.
Governor's Offic e of Economic Development: Board of Economic Development

– Amend rules to clarify that tribal governments are eligible to apply for the economic development partnership fund and the local infrastructure improvement grant fund.Rules Review Committee

September 21 , 2015 Page 4 of 4

Mr. Aaron Scheibe reviewed t he proposed rules.
Senator Vehle moved, seconded by Representative Gibson , that the review of the rules proposed by the Governor's Office of Economic Development: Board of Economic Development is complete. M otion prevailed on a roll call vote with 5 ayes, 1 excused. Members voting aye: Bradford, Gibson, Heineman, Hunhoff, and Vehle. Member excused: Johns. Next Meeting Date
The next interim meeting of the Interim Rules Review Committee will be on Monday, November 9 , 2015.
A djournment Representative Gibson moved, seconded by Senator Bradford , that the meeting be adjourned. M

otion prevailed on a voice vote

. Chair Vehle adjourned the meeting a t 2:12 p .m.

All committee agendas and minutes are available on the LRC website: http://legis.sd.gov /

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